The international relocation of a child can be a relatively complex matter. It occurs when one parent wants to move permanently abroad with the child. A parent with parental responsibility for a child must get the consent of the other parent before relocating with the child. Issues can arise when the other parent does not consent to the move.

They key legal considerations in relocation cases focus on the child’s best interests, the rights of both parents and the child’s relationship with each parent.

Court Involvement

In the absence of agreement between parents regarding the proposed move, the parent wishing to relocate will have to apply for a court order for permission to move with the child.

When deciding whether to allow the relocation, the court will look at several factors, such as:

• The reasons for the move: The relocating parent must justify why the move is in the child’s best interests, such as for a job opportunity, to be closer to family, or for personal reasons.
• The impact on the child’s relationship with the non-relocating parent: The court will assess how the move might affect the child’s relationship with the parent who is not moving, including the practical implications, such as changes in visitation arrangements or the ability to maintain contact.
• The child’s wishes and feelings: Depending on their age and maturity, the child’s wishes may be taken into account.
• The feasibility of maintaining a relationship: The court will consider how practical it would be for the child to maintain a meaningful relationship with both parents after the move, including the distance, cost of travel back and forth, and impact on the child’s schooling and social life.

Where the move involves relocating abroad, there are additional considerations:

• International child abduction risks: If the move is overseas, there may be concerns about the risk of international child abduction. The non-relocating parent may have concerns that the child will not return, and this could influence the court’s decision.
• Travel and communication: The court will consider how the child can stay in contact with the non-relocating parent and maintain the relationship despite the distance.

If the application is successful:

• If the court agrees that relocation is in the child’s best interests, it may grant a Specific Issue Order, which allows the parent to move with the child.

If the application is unsuccessful:

• If the court does not approve the move, it may make a Prohibited Steps Order, preventing the parent from relocating without further permission.

Steps to take before court or to prepare for Court

The parent wishing to move should:

• Attempt to discuss the move with the other parent directly and seek their consent as early as possible
• Do thorough research regarding the move such as looking at employment, schooling, health care, support network.
• Instruct a solicitor to send a letter directly to the parent to seek their consent.
• If agreement cannot be reached, consider family mediation (or other non-court alternatives) as a first step before making a court application.
• If all the above fails, the relocating parent can apply to Court for permission to relocate.

Relocation with the Child Without Permission

If a parent relocates with the child without the consent of the other parent or a court order, the other parent can apply to the court for the child’s return. This could be considered as an unlawful removal, and a criminal offence.

Conclusion

In summary, the law in England and Wales surrounding child relocation is designed to balance the rights of both parents with the child’s welfare. The court’s primary focus is ensuring the child’s well-being and safeguarding their relationships with both parents, taking into account all practical and emotional aspects of the requested move.

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