International relocation – the guidance on emigrating with children

The economic climate, business strategies, or new job opportunities are just some of the reasons why a family may consider relocation. Not to mention this February’s weather. There is a lot involved in an emigration and even more so if there are children with separated parents. Whether you are the relocating parent or the parent staying in situ, if a child’s relocation is not agreed then expert family law advice and action is likely to be required.

Relocation cases can be time critical and if alternative dispute options cannot broker an agreement, then a parent will need to apply to the Court for an order granting the change, known as leave to remove. However, if you are the parent seeking to stop the move, you would be applying for what is known as a prohibited steps orders.

The points above equally apply for parents, as they do to any individual holding parental responsibility for a child or children. That may be the second parent in a same sex couple, a grandparent, or stepparent, who has obtained parental responsibility via agreement or a previous court order. Even without parental responsibility there may be routes to apply for the Court to consider your views for or against a proposed move overseas.

The improving job prospects or weather won’t be enough on their own to persuade the Court. The Court will give utmost importance to the children’s welfare by reference to the statutory welfare checklist as well as the probable review of expert opinions, evidence from the parties and assessment of all the circumstances. The statutory checklist requires a Court to consider:

• the ascertainable wishes and feelings of the child / children;
• their physical, emotional and educational needs;
• the likely effect on them of this change in circumstances;
• their ages, background, sex, and any other characteristics that are relevant, which could include social and linguistic factors;
• risk of harm factors;
• the capability of the parents to meet the child/children’s needs; and
• the location of the intended move, as the Court’s powers and approach can differ depending on the intended country of relocation.

Specialist family law advice at the earliest stage possible is the answer. By definition, a relocation application is very much a win or a loss. There are potentially life-changing consequences for failing to act swiftly enough, whether in being proactive to set out your application for the proposed move, or fast enough in reacting to oppose a move. There are numerous factors and nuances to consider before your application would be in the best form for presenting to the Court. You have to show that you have thought of all aspects, the positives and negatives, to your respective position. It is crucial for the application to be objective and practical. Easier said than done where the emotions of both parties’ child are involved but another important benefit to seeking professional advice.

Our family team are regularly instructed on international children matters, including relocation cases. They offer a no obligation and without charge consultation to any parent or party thinking of relocating or needing to consider the opposition to such a move. Please contact a member of team to find out more.

This article was first published in our Primed International newsletter which provides monthly legal insights from our international team. Be the first to receive the next edition and subscribe here.