Can I Move To Live Abroad With My Children? – How Family Courts Approach Relocation Applications

If you are separated or divorced and want to move abroad permanently with your children, you must obtain written consent from the other parent and/or any other person who has parental responsibility for the child. If the other parent will not agree, you can make an application to the Court for permission to move abroad with your children (this is known as a leave to remove or relocation application).

Making a relocation application

If you are intending to make a relocation application, it is very important that you have thought through all the practicalities of what life will be like for you and the children in the new country. A Court will want to know about your plans, which you will have to set out in a detailed statement. Your solicitor will assist you with preparing your statement.

Your solicitor may also want to obtain statements from other family members who have close involvement with the children and who support your move overseas.

Objecting to a proposed relocation application

If your former spouse or partner has made an application to relocate your children to another country and you want to object to it, you will need to explain to the Court why you do not agree, setting out the details in a statement. Again, your solicitor will assist you with preparing your statement.

Your solicitor may also want to obtain statements from other family members who have close involvement with the children and who oppose the move.

How will a Court deal with my application to move abroad with my children?

When the Court considers an application to relocate, the Judge hearing the case has to consider a checklist of things before coming to a decision. The Judge’s primary concern is the welfare of the children.

To help the Judge decide whether the move is in the child’s best interests the Judge will consider:

• The wishes and feelings of the children concerned to far as they can be ascertained, and bearing in mind each child’s age and understanding;
• The children’s physical, emotional and educational needs;
• The likely effect on the children of any change in their circumstances;
• The children’s age, sex, background and relevant characteristics;
• The risk of the children suffering harm; and
• How capable each parent is of meeting the children’s needs.

The Judge will consider how permission or refusal to relocate will affect the parents and the children, and will consider the parents’ plans and whether the wish to relocate and opposition to it are genuine.

The Judge may well be assisted in reaching a conclusion by a children and family reporter from the Children and Family Court Advisory and Support Service (Cafcass). A Cafcass officer may be appointed by the Court to speak to both parents, and possibly also to the children (depending on their ages), and then to make a recommendation to the Court.

It is often difficult to predict the outcome of Court proceedings for leave to remove and if you are considering or facing such an application then it is important that you speak to your solicitor and get expert legal advice.