What You Need to Know About Relocating Abroad After Separation or Divorce
If you need to relocate outside the United Kingdom perhaps for a new work opportunity or a better lifestyle, but you’re separated or divorced and you want to take your children with you, you must get consent from their other parent (and everyone with parental responsibility) or you need permission from the Court.
Parental responsibility is all the rights, responsibilities, duties and powers that a parent has over a child’s upbringing and welfare. This applies to decisions regarding where a child shall live. You must obtain consent to remove your child from the United Kingdom.
If you try to move without this consent or go ahead regardless, then this could lead to an allegation of child abduction which is a criminal offence. It is vital to ensure you follow the right steps and seek appropriate advice.
It is important to look at the practical considerations to your relocation. Having an articulated and realistic plan is important too. A desire to move may not be enough. Just because you want to leave the UK with your children, doesn’t mean that a court will allow you to do so. Good advice is critical here.
If the other parent is not agreeing to your potential relocation, you may wish to consider non court dispute resolution to discuss your intentions but remember it is your child’s welfare, not your preference that really matters. If you simply can’t agree you may be forced to apply to the Court for the Court’s permission to relocate.
Many separated parents are able to work together constructively when making important decisions for their children. If you are at the beginning of the separation process, our guide to amicable divorce explains how issues relating to finances and children can often be resolved in a cooperative and practical way.
It is important to seek independent legal advice if you are considering moving aboard or the other parent has informed you that they want to relocate.
We offer a free discovery call and we can guide you on navigating potential disputes.
