Understanding International Child Relocation – A Guide for Divorced and Separated Parents

Reasons for International Child Relocation

In today’s world, it’s commonplace for couples to be multi-national, or to live and work overseas. If a couple have children together, this can understandably add a layer of complexity to child arrangements after divorce or separation. This is especially true if one parent plans to return to their home country to raise their children with the help of extended family or friends.

Others may consider relocation abroad for other reasons, such as:

• improved career opportunities abroad
• a different cultural or educational enviornment for their child
• a simpler, more desirable, or more affordable way of life
• to accompany a new partner that may live or work overseas

Whatever the reasons, the decision should not be taken lightly for it will have profound implications for everyone involved, particularly for the child/children and whichever parent will face the prospect of living far away from them. It requires very careful consideration.

Parental Responsibility and Consent

Both parents with parental responsibility must consent to their child being taken abroad, even if it is just for a short holiday. In many cases, couples are supportive of their children going on short-term holidays with the other parent. Some separated couples may even agree that a permanent move abroad with the other parent is in the best interests of their children. But, following the breakdown of a relationship, it’s common for a parent to oppose an ex-partner’s plan to live overseas permanently with their children.

Without the permission of the other parent, a move abroad could be classed as child abduction. In this case, for a child to leave the jurisdiction, a court application would need to be made to obtain an order granting permission to go.

The Gravity of the Decision

Understandably, an international move brings major changes to a child’s life.

It can impact their:

• Relationship with the parent left behind, as well as any extended family
• education (if they're of school age)
• Social connections with friends and their wider support network

Both parents need to consider carefully how a move abroad could affect the welfare of the entire family. A move will always bring short-term disruption and a child will need time to settle and adjust to their new life abroad. But take some time to think about the medium- and long-term benefits and drawbacks.

Ask yourself:

• what will life look like for my child as they move through their education?
• will they be educated in their first page
• what are the cultural differences and how might my child adapt to them?
• will the cost of living be affordable?
• will they have better support from family?
• how often and for how long will they get to see the other parent?

Whatever the pros and cons, emotions can run very high in international relocation cases. The stakes are significant, and often both parents have deeply-held convictions about what is best for their child.

These cases can be a long and winding road and can also be highly contested, so it’s essential for both parents to approach the situation with empathy, understanding, and a willingness to consider the child’s best interests above all else.

The Process

1. Take Professional Advice

If you’re planning to move abroad with your children, or if you oppose your ex-partner’s plan to move overseas with your children, begin by learning about the child relocation process. Search for a family law solicitor with expertise in International Family Law. Check they have specific experience in ‘international child relocation’.

A good solicitor should take the time to understand your circumstances before explaining the initial steps you should take. They may also advise you of the likelihood that you’ll be able to achieve the outcome you’re looking for.

2. Make a Detailed Plan

To strengthen a case, the parent wishing to relocate must present a detailed plan that addresses the significant aspects of their child’s new life. This should include:

• Living arrangements: with details about housing, the neighbourhood and local facilities.
• Education: with schooling plans that ensure coninuity and quality of education. This includes the school's name, reputation, and an explanation of how it will meet the child's needs
• Healthcare: access to medical facilities and healthcare providers, including information about health insurance where there is not adequate free healthcare
• Social support: how the child will maintain relationships with family and friends, and integrate into their new community.
• Travel and holiday arrangements: plans for the child to visit the non- relocating parent, or for them to visit their child, including frequency duration and logistical details such as where will they stay when the come to visit?

3. Inform Your Ex-partner of your Planned Overseas Move

You should begin by talking through your plans with your ex-partner and attempting to reach an amicable agreement. If communications are strained or difficult, an experienced family law solicitor can help you to communicate your plan.

4. How to Oppose International Child Relocation

If you’re the parent wishing to oppose the proposed international relocation of your child, you should seek early advice from a solicitor. It’s important to know your rights and the immediate steps you can take, which include applying for a Prohibited Steps Order.

A Prohibited Steps Order can prevent your ex-partner from taking your child abroad without your consent. This legal measure ensures that the court evaluates the situation before any move is made.

5. Consider Arbitration

Like any child arrangement, both parents may voluntarily engage in arbitration to avoid court. Arbitration considers the arguments for and against to try to achieve an agreement. If an agreement is not reached, an arbitrator may impose a legally binding outcome.

In arbitration cases, each parent should appoint their own family law solicitor to streamline and facilitate the process. You can read more about arbitration here.

6. Apply to the Family Court for Permission to Relocate Children Abroad

If agreement cannot be reached amicably or if arbitration is not appropriate, the parent wishing to relocate can apply to a family law court for a Specific Issue Order, also known as a Section 8 Order, under the Children Act (1989). The process is to resolve disputes about a child’s upbringing or well-being.

The applicant must submit a witness statement which should include the reasons for the relocation and detailed plans. The other parent, because they’re objecting, must file a witness statement in response.

A Welfare Report will also be required. This is commonly undertaken by Cafcass, who advise the family courts about the welfare of children and what’s in their best interests. In an arbitration process, a welfare report will be undertaken by a private, independent social worker.

Key Considerations for the Court:

● Best interests of the child

The only real test is the best interests of the child and these will trump any parental reasons for the change. Encompassed within this are the child’s welfare, emotional needs, and overall well-being.

The following points will hold the rule above at the forefront of all decisions.

❖ The courts will consider reasons for the move: the parent’s motivations for relocating, such as job opportunities, family support, or better living conditions.

❖ In addition to this, the child’s views are also important: depending upon the child’s age and maturity, their wishes and feelings will also be considered.

● The Maintenance of Relationships

One of the key challenges in international relocation cases is maintaining strong parent-child relationships. Courts require detailed plans for how the child will stay connected with the non-relocating parent. This can include scheduled visits, regular video calls, and other forms of communication. Ensuring these plans are realistic and in the child’s best interests is crucial.

It’s important not to underestimate the expense of facilitating regular face-to-face contact. There can be substantial annual travel and accommodation costs and it’s important that these plans are affordable.

● Expert Opinions and Supporting Evidence

As well as welfare reports from social workers, courts may consider opinions from professionals known to the family, such as teachers or child psychologists. These experts can provide valuable insights into the child’s well-being, relationship dynamics, and the potential impact of a relocation.

Whether you’re planning the move or opposing one, consider all the supporting evidence and expert opinions you can tap into to support your case, should you need to give further evidence.

● Financial Considerations

Relocating internationally often involves significant financial costs. It’s important for both parents to consider these costs and seek specialist legal advice to navigate the financial complexities of international relocation. You should consider:

• future living expenses
• travel cost for maintaining contact
• potential changes in child support arrangements
• the cost of ay legal proceedings

7. Court Orders

In both arbitration and the Family Court, if an agreement is still not reached, both parties will be called to give evidence. A judge or arbitrator will then impose a final, legally-binding outcome.

If a ‘Leave to Remove’ is granted, a resulting order will detail the terms of the move and outline detailed arrangements for the child’s education, healthcare, and contact with the non-relocating parent.

If a ‘Leave to Remove’ is opposed, it is important to remember that proceedings at court can last as long as 8 months from issuing, due to the court’s diary. This is not only expensive financially and emotionally but also in terms of time. In London courts, the process can be even lengthier.

Jurisdiction

It’s important to note that once a child moves to a new country, they may come under the jurisdiction of that country’s legal system. This can affect future legal decisions and the enforcement of court orders. So, it’s essential to have a thorough understanding of the implications of the move. A good solicitor with expertise in International Family Law will be able to advise you about the legal system in different countries. If, in the future, a parent who has been granted ‘Leave to Remove’ wishes to move again or return to the UK, they should again consult a specialist family lawyer for advice.

Whether you’re planning or opposing a proposed international move with your children, the final outcome will feel huge. Your chances of success are greatly improved by seeking early advice and developing a sound strategy.

At K J Smith Solicitors, our team are experienced in international child relocation cases. We’re committed to providing compassionate and comprehensive support to help you achieve your aims. We understand the complexities involved and can help you navigate the process with confidence and care. We also offer a free 45-minute consultation. We will discuss your situation and explain how we can support you. Get in touch today and let’s work together to find the best solution for you and your family.