Child Relocation Custody – Moving Away with a Child

It is becoming increasingly common upon the breakdown of a relationship or marriage for one parent to want to take their child to live abroad with them. This can be for a number of reasons, such as work or to return to the parent’s country of origin. Child relocation can also happen at any time – either when the relationship breaks down or any time later.

Aeroplane flying in sky

How to move away with my child?

In order for you to move abroad permanently with your child, you will need the permission of the other parent. Additionally, if any other person has parental responsibility, you will require their consent before child relocation.

If you have a child arrangement order which states that your child lives with you, it is usually fine to take your child abroad for up to 28 days without permission.

A letter from the other parent is normally enough evidence to prove they have given authorisation for child relocation. You might be asked to show this at a foreign or UK border, along with the child’s birth certificate and your divorce documentation.

What happens if the other parent does not give permission?

If the other parent or person with parental responsibility does not provide permission, then you will need to obtain this from the Court. This involves applying for a “relocation application” or “leave to remove.”

When you apply to the Court, you need to provide information about your trip:

  • The date you leave
  • The date you return
  • How you are travelling
  • Where you will live abroad
  • What education the child will receive abroad
  • The parent living in the UK’s contact details

It is always recommended to seek advice from a family law solicitor when applying to Court. They are the best people to present your case and help you get permission for child relocation.

My ex is moving away with my child, but I don’t want them to

If your ex-partner does not have permission for child relocation custody, this is considered child abduction. If you think your child is going to be illegally moved abroad, you should contact the police.

As with child abduction, steps can be taken in advance to reduce the likelihood of a successful relocation application.

Similarly, the prospects of successfully obtaining permission to relocate a child are significantly increased by careful planning and preparation.

Whether you are moving away, or your ex wants to relocate with your child, family law solicitors can help you take the right steps to achieve the best outcome. We can also support you throughout, as child relocation and custody issues can be exceptionally emotive and stressful.

At Major Family Law, we can and routinely do at for either party, in such cases. In particular, we provide:

  • Assistance with the careful planning and preparation of the application
  • Submission of the application on your behalf
  • Defence of your application on your behalf, which requires particular experience and planning
  • Advice and support throughout Court proceeding

Contact us today for more information on domestic and international child relocation.