Relocating Abroad with a Child

Wishing to move abroad with a child after separation is one of the most complex and emotionally charged areas of family law. It raises fundamental questions about the child’s relationships with both parents and their future welfare.

In England and Wales, a parent with a Child Arrangements Order stating that a child lives with them cannot take the child to live permanently abroad without the written consent of every person with parental responsibility, or without a court order granting permission. Taking a child abroad without consent or a court order may constitute child abduction.

If you wish to relocate permanently abroad with your child, you must apply to the Family Court for a Specific Issue Order (or, in some cases, a variation of an existing Child Arrangements Order). The court will consider whether the move is in the child’s best interests — not simply whether it benefits the relocating parent.

Key factors the court will consider include the reason for the relocation, the quality and practicality of the proposed contact arrangements with the remaining parent, the impact on the child’s relationships and stability, and the child’s own wishes (depending on age and maturity).

If a parent has already taken a child abroad without consent, urgent legal action is required. International child abduction is dealt with under the Hague Convention, and applications for the child’s return must be made promptly.

Terence Ray Solicitors has the expertise to advise both the parent wishing to relocate and the parent opposing relocation. We will give you a clear, realistic assessment of your position.

Call 020 3367 1430 or email info@trsolicitors.co.uk.