International Relocation and Temporary Travel Arrangements

In the event that one of the parents wishes to relocate to another jurisdiction with the children, they will require the consent of the other parent or an order of the court.

Society is becoming more and more international, and this means that families are formed by parents who come from different countries and different backgrounds. It is not infrequent that, following a separation, one of the parents wishes to relocate to their home country or country of origin with their children, or due to another relationship, or due to work related reasons.

In the event that one of the parents wishes to move abroad with the children, they will need the permission of the other parent and anyone with parental responsibility in order to do so. In the event that there is no agreement, the parent wishing to relocate will need to make an application to the court for “leave to remove” or “permission to relocate”.

These applications are complex and very technical and a lot of preparation will be required whether you are the applicant or the respondent. It is therefore crucial that legal advice is taken prior to the making of this application or as early in the proceedings as possible.

When making a decision as to the potential relocation, the court will need to consider whether it is in the best interests of the children to relocate to another jurisdiction or not. When doing so, the court will take into account many factors, including the relationship between the children and the proposed left-behind parent.

When a parent wishes to travel abroad with a child on a temporary basis, this will also need to be done with the permission of the other parent, unless the parent that wishes to travel has a “lives with” or a “residency order” regarding the children in their favour. The parent that has a lives with order in their favour is entitled to take the child abroad for up to 28 days as long as it does not interfere with the arrangements for the child to spend time with the other parent.

If the there is no “lives with order” in place, the parent that wishes to travel will need the consent of the other parent, or in the absence of such consent, permission from the court.

If an application to the court is required to travel out of the jurisdiction temporarily, the court will look, amongst other issues, at the reason why this travel is opposed, whether the child is at risk of abduction, or if the child is at risk of any harm.

If one parent is concerned that the other one is going to relocate with their child in another jurisdiction, they can make a number of applications to the court to safeguard the children.

Our solicitors in the family department specialise in international relocation and children disputes and will be able to advise you throughout the process. If you would like to discuss this matter with one of our specialist solicitors, please contact us on 020 8290 7341 or 020 8290 0333 to make an appointment.