International Relocation
CAN PARENTS RELOCATE ABROAD WITH THEIR CHILD?
Yes parents or any individuals with parental responsibility can relocate with their children abroad as long as everyone with parental responsibility for the child consents.
LINK TO OUR L.I.P HELP GUIDE FOR WHAT IS LEGAL PARENTAL RESPONSIBILITY?
CAN YOU RELOCATE ABROAD WITH YOUR CHILD BY YOURSELF WITHOUT THE OTHER PARENT?
A parent may want to relocate abroad with their child during or after a divorce/family breakdown. If your child is below 16 years of age then you cannot take your child abroad unless you have the permission of the other parent or a court order saying that you can.
If the other parent has not given their permission then you will need to make an application to the family court to relocate your child abroad. The court will see if it is in the best interest of the child. The form you will need to make this application in the UK family courts is form C100. You are using form C100 to apply for a specific issues order (asking the court to give permission to relocate the child abroad).
LINK TO OUR L.I.P HELP GUIDE FOR FORM C100
LINK TO OUR L.I.P HELP GUIDE FOR CHILD ARRANGEMENT TERMS AND COURT ORDERS EXPLAINED
When the family court deals with your specific issues order to relocate and take your child abroad, you can also ask the court to sort out other arrangements such as:
- Contact arrangements for the other parent or anyone else with parental responsibility.
- Any parental responsibility issues if you have them.
- Consent for issuing a passport for the child
The family court may ask you to submit another application form C100 for a child arrangements order to sort out the above.
WHAT CAN YOU DO IF YOUR CHILD IS BEING RELOCATED ABROAD WITHOUT YOUR CONSENT OR A COURT ORDER?
It is always best to talk and communicate with the other parent first and try to reach an agreement. If you cannot then you can make an application to the court to stop the relocation. The application form you will need to make this application is form C100. You are using form C100 to apply for a prohibited steps order (to prevent the relocation).
LINK TO OUR L.I.P HELP GUIDE FOR FORM C100
LINK TO OUR L.I.P HELP GUIDE FOR CHILD ARRANGEMENT TERMS AND COURT ORDERS EXPLAINED
Please note – The primary resident parent of a child can take a child outside of the UK for less than a month (up to 28 days) without the other parent’s consent.
If your child has been abducted by the other parent and taken abroad please read our webpage on child loss through abduction.
LINK TO OUR L.I.P HELP GUIDE FOR CHILD LOSS THROUGH ABDUCTION.