Moving abroad with children after divorce

Can I move abroad with my child after divorce or separation?

Following separation, one parent may wish to move to another country – they may, for example, wish to return to their native country if that is not the UK; they may think that another country offers a better quality of life; or they may have found a new job or new partner abroad. However, moving abroad with children after divorce or separation requires you to have the consent of the other parent (or whoever you share parental responsibility with, see  What is 'parental responsibility'?) or, alternatively, the permission of the court. If a court is asked to decide the issue, it will look to determine what is in the child's best interests. When considering this issue, the court will look at a number of factors including:

• what the child wants (but only if it is appropriate to look at this this in light of the child's age and understanding);
• the child's physical, emotional and educational needs;
• how able is each of the parents to meet the child's needs
• any particular characteristics of the child which the court considers relevant (including the child's age, sex and background); 
• the likely effect on the child of changes to his/her circumstances

All of the options before the court (including different options for the child if they remain in the UK, and the arrangements following any move abroad) will each be analysed and scrutinised in a great degree of detail. The court will consider proposals for how the child is to maintain a relationship with both parents and other family members, proposals for schooling, proposals for accommodation, proposals for how the parent who wishes to move might support themselves financially, including their job prospects, proposals for medical care, and what languages the parents and child speak and/or how they might learn a new language. Essentially, a court will only grant an application where there is a well thought out practical plan that is also convincingly in the child's bests interests.

If the child in question is 16 or over, the court is unlikely to make an order, considering it to be 'inappropriate or even futile' to make orders which conflict with the wishes of older children.