Relocation

If you are wishing to relocate to live abroad with your child you may need to obtain the permission of the Court.  Whether the Court’s permission to relocate abroad is required will depend on whether the other parent, if they have parental responsibility for the child, will give consent to the move.

If you have a ‘live with’ order you can take your child from the jurisdiction of England and Wales for up to one month without the consent of those with parental responsibility. For periods over one month or to remove a child permanently the consent of those with parental responsibility will be required. If consent is withheld an application to the court will be required.

If you permanently remove your child from the jurisdiction of England and Wales without the consent of those with parental responsibility or without the permission of the court this would be deemed to be an abduction under the Child Abduction Act.

In considering whether to grant permission for a child to relocate abroad, the Court will place the child’s welfare as its paramount consideration. 

If you wish to discuss matters further please contact Jane Longworth