Moving abroad with a child
Did you know a parent will need the consent of everyone with parental responsibility for a child, or permission from the court, before taking the child out of the United Kingdom? A limited exception applies where a child arrangements order provides that the child is to live with that person. In those circumstances, the person may usually take the child abroad for up to 28 days without separate consent, unless another court order provides otherwise.
Taking or keeping a child abroad without the necessary consent or court permission may amount to international child abduction and may also constitute a criminal offence. Urgent legal advice should be obtained before travelling where consent is disputed.
If permission is sought to relocate permanently, the child’s welfare will be the court’s paramount consideration. The court will undertake a holistic assessment of the realistic options, including the proposed arrangements for accommodation, education and finances, the child’s wishes and feelings where appropriate, the effect of the proposed move on the child’s important relationships, and the arrangements for maintaining a meaningful relationship with the parent who remains in the United Kingdom.
International child abduction
International child abduction can include taking a child abroad without the required consent or court permission, or retaining a child abroad after an agreed period of travel has ended. Where a child has been wrongfully removed or retained, urgent action may be necessary. The procedure and available remedies will depend on where the child has been taken, where the child was habitually resident and whether the relevant country is a party to the 1980 Hague Convention.
The Hague Convention is directed at securing the prompt return of children wrongfully removed to or retained in another contracting state. It is a return mechanism, not a final determination of the underlying child arrangements dispute.
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