Child Holidays & Relocation
It is becoming more common for people to consider relocating outside of the UK and this can cause several problems if people have separated and one parent wants to leave the UK permanently.
Another difficult situation occurs when one parent wants to go on holiday and take their child or children with them, but the other parent doesn’t want them to go.
To stop your child or children from being taken abroad depends on what’s in their best interests and may have to be determined by a Court.
Contact us today for advice.
Both parents (if they have parental responsibility) must consent to their child being taken out of the country even if it is just for a holiday. If you take your child away and fail to obtain consent, this could be classed as child abduction. This situation should be avoided but if there is no agreement for a child to leave the jurisdiction, then a Court application will need to be made to obtain an Order granting permission to go.
The situation is usually different where there is a Child Arrangements Order. A parent with a Child Arrangements Order that provides for a child to live with them, may be able to take a child abroad without the written consent of the other parent. This all depends on the wording of the Order and you should seek legal advice to confirm if this is the case.
Relocating Outside the UK
A parent needs the permission of the other parent or a Court Order to take a child or children permanently abroad.
In some cases, it is appropriate to oppose the relocation application but in others, it may be wise to consider seeking legal representation to ensure good future contact before the relocation proceeds. Even if there are well thought out plans, with good reasons given to the Court for relocation, the child’s wishes may be taken into consideration. To make sure you have the best chance of getting your desired outcome, speak to us today for advice.
When considering opposing relocation applications, it is vital to consider all aspects of a child’s life. The Court will consider many grounds and you should seek legal advice to know which ones are the most relevant in your case. Consideration will also be given by the Court as to what more could one parent offer the child if they continued to reside in this jurisdiction. There are so many grounds