Relocating a child internationally is a significant and often emotionally charged decision, governed by strict legal provisions in England and Wales. The law seeks to balance the welfare of the child with the rights and responsibilities of both parents, ensuring any decision prioritises the child's best interests.
Parental Responsibility and Consent
Legally, a child cannot be taken out of the jurisdiction of England and Wales without the consent of all individuals who have parental responsibility. This legal term refers to the rights and duties relating to a child's upbringing, such as decisions about their education, health, and welfare.
If a parent with parental responsibility intends to relocate abroad with the child and another individual with parental responsibility objects—or if court proceedings concerning the child are ongoing—permission from the court must be obtained through an application for a 'Specific Issue Order'.
The Legal Framework: The Children Act 1989
International relocation cases are governed by the Children Act 1989, which places the child's welfare as the paramount consideration in any decision regarding their upbringing. To assess whether relocation is in the child's best interests, the court examines several factors, including:
- The child's ascertainable wishes and feelings: Depending on the child's age and maturity, their preferences may carry significant weight.
- Physical, emotional, and educational needs: The court considers how the relocation will meet or disrupt these essential needs.
- The likely effect of any change in circumstances: This includes examining the impact of cultural and linguistic shifts on the child.
- Age, sex, background, and relevant characteristics: The court evaluates whether the move aligns with the child's personal circumstances and identity.
- The risk of harm: Any history of harm or risk of harm to the child is carefully reviewed.
- The capability of each parent: The court assesses the ability of each parent, and others involved, to meet the child's needs in the new location or by remaining in the UK.
A Complex and Sensitive Process
International child relocation cases are inherently complex, often involving competing parental rights, emotional tensions, and practical considerations such as new living arrangements, schooling, and support networks abroad.
Legal support is essential for both parents in international child relocation cases, whether you are seeking to move abroad with your child and opposing the relocation. An experienced solicitor can guide you through the complex legal requirements and court proceedings, help you prepare and present a compelling case that prioritises the child's best interests, and provide dedicated representation to enhance your chances of achieving a favourable outcome.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
