Q. Can I take my child to live abroad?

As family law experts we often get asked by clients whether they can move out of the country with their child/children after a separation or divorce.  In short the answer is yes, provided that  everyone with parental responsibility consents to the move. However, in our experience, it is rarely that straightforward.  Unfortunately, in most cases it isn’t possible to deal with them on amicable terms. Such cases are often very fraught and emotive.  In the vast majority of cases a court application is necessary.

 What are the first steps?

We would always recommend trying to amicably negotiate the move with the other parent.  If however no agreement can be reached, we will then have no alternative but to issue an application to Court.  The parent wishing to move abroad must issue an application seeking the court’s permission to take the child/children out of the country.

To most people, the idea of going to Court is daunting, especially when an important decision lies within someone else’s hands. In actual fact, the Judge must weigh various factors when making a decision and they must be satisfied that a move is in the child’s best interests.  For example, consideration will be given to who the main carer currently is, the extent to which the wish to move is genuine and not simply an attempt to limit the other parent’s relationship, whether the plans are realistic and properly researched – this relates to questions around where the child will live, which school they will go to, will they be able to access proper healthcare and whether there is a particular link to the country that the parents wishes to move to.

At Chadwick Lawrence, our Family Team are here to support you throughout the process, whether you wish to bring an application or defend it.  We will provide you with honest and reliable advice and robust representation. For advice regarding removing a child from the jurisdiction, or any other family matter, call 0800 015 0340 to arrange an initial free half hour appointment with one of experts at any of our offices across West Yorkshire.