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Child Custody Concerns: Parents Live in or Move to Different Countries

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Published on 10 June 2024 by Amar Ali - Director and Solicitor
Updated on 26 July 2024
Child Custody Concerns: Parents Live in or Move to Different Countries

Following divorce or separation, if you have decided to relocate with your child to another country, it is important to understand your rights before doing so. Whether you can move your child abroad will depend on the child arrangements in place and the child’s habitual residence. Child custody, or child arrangements, as it is called in the UK, determines who your child will live with and where. In such cases, the family courts will only have jurisdiction to make decisions on which country a child will live in if the child is habitually (i.e. normally) resident in the UK.  

Divorcing parents may decide to apply to the courts to move a child permanently overseas where they have (this list is not exhaustive): 

  • Remarried, or are in a new relationship with someone who lives abroad 
  • Relocated their business abroad 
  • Been offered employment abroad 
  • Decided to return to their native country or emigrate to a country where their family has settled 
  • Decided to emigrate to another country

Permission to relocate abroad with a child from the UK 

In England and Wales, a parent cannot relocate their child permanently to another country without first gaining permission from everyone with parental responsibility or by obtaining a court order. A parent named in a Child Arrangement Order (CAO) as a person with whom the child is to live can take their child to another country for up to 28 days (unless a court order says otherwise). If a parent with parental responsibility but who is not named as a person with whom the child is to live in a CAO removes a child without consent or permission, this may constitute child abduction. 

To get proper permission from those with parental responsibility to relocate a child abroad, it is essential to obtain a written letter from them setting out their contact details and their agreement to a permanent move. You may be asked to provide this letter at the border in the UK or overseas. It is also recommended to keep with the letter evidence of your relationship to your child (i.e. birth or adoption certificate) and your divorce or marriage certificate. This will be important if your family name is different from that of the child.  

Can a single parent move abroad with the child?  

As a single parent, even if you are named in a CAO as the person who your child will live with, you must still have written consent from the other parent with parental responsibility if you intend to permanently relocate abroad with your child. If they don’t agree to your plans to relocate your child to another country, you will need to apply to the court for permission. 

It is important to understand that if you fail to get consent from the other parent who has parental responsibility or permission from the court and proceed with taking your child overseas, this will be considered a criminal offence.  

Some other scenarios that may occur include the following: 

  • A single parent is the only one who has parental responsibility – if a father does not have parental responsibility and there is no Child Arrangement Order in place, a mother can move with their child abroad without gaining permission. However, it is still advisable to gain permission to avoid the potential for problems at the border. 
  • One parent has sole custody of the child, and the other has parental responsibility – the parent with sole custody needs permission from the other parent with parental responsibility or from the court to relocate their child overseas. 
  • Both parents have joint custody, and the other parent has parental responsibility – again, the parent who wants to move with their child overseas requires permission from the other parent with parental responsibility or from the court. It may also be necessary to have the CAO formally changed (if there is one in place) to reflect the change in the child’s living arrangements. 

When deciding on Child Arrangement Order child relocation cases, the courts always place the welfare of the child as the main priority. The courts will take into account a number of other factors, including the age of the child, the reasons for the move, the child’s wishes, and the impacts on both parents if the move is granted or rejected. In some cases, permission to relocate to another country may be made conditional on the relocating parent making financial provision for the other parent so they can establish a home in the other country to maintain a role in the child’s life. 

What can a parent do to stop their child from moving abroad? 

Where a parent wishes to prevent the other parent from moving their child to another country without their consent, there are several possible options, including applying for a prohibited steps order. If the court agrees to the order, the other parent will be prohibited by law from taking the child out of the country. It may also be possible to make a specific provision in a child arrangement order that the child will remain in the UK. If there is an existing court order in place preventing the child from being taken to live in another country, it may then be necessary to ask the courts to enforce the order preventing the child from being taken abroad. 

If you are concerned that your child may be taken by their other parent to live in another country without your permission, it is imperative that you speak to a child custody solicitor as soon as possible. A child custody solicitor can assess your situation, recommend how to prevent your child from being taken out of the country and take the necessary legal action to ensure they are fully protected. 

Can I move with my child within the UK without the father’s or mother’s permission? 

If you plan to move with your child to another part of England or Wales, you will not need permission from their father or mother before doing so. However, this may be different if you plan to relocate with your child a long distance (e.g. 2 hours) from the other parent and the other parent has joint custody in the form of a Child Arrangement Order. In this scenario, it is important to try to agree on the arrangement with the other parent and have the child’s arrangement order formally changed to reflect the decision reached.

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