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.
In these FAQs and answers, we use 'England' as a shorthand for 'England and Wales' because England and Wales share a single legal system. Scotland, meanwhile, is a different legal system and has different rules for many aspects of family law.
We have also chosen to talk about 'marriages' most of the time (which may be between either an opposite or same-sex couple). Unless we say otherwise, what we have said is also true of civil partnerships (which may also be between an opposite or same-sex couple).
These FAQs (and our website more generally) contain general information based on English law as it stands at the date of publication, but they do not constitute legal advice, nor are they tailored to any couple or family's particular circumstances. Whilst we endeavour to ensure it is accurate and up to date, website users should seek appropriate legal advice before taking or refraining from any action based on the content of the website. We would, of course, be willing to assist with this, and you can contact us here.
Any pricing information is similarly general. Our clients' relationship with us is governed by the terms of the engagement letter sent to them at the beginning of their instruction.
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