International Child Relocation Solicitors
Moving abroad with a child after separation can raise important legal and practical questions. National Legal Service Private Law can help you understand the issues, whether you are considering a move or responding to a proposed relocation.
Make informed decisions about your child’s future across borders.
Shabana Sultana
Relocating abroad with a child
An international move can affect where a child lives, their education, their relationship with each parent and contact with wider family members. It may also involve practical questions about travel, housing, support networks and plans for staying in touch across different countries.
A permanent move abroad is a major decision. Where more than one person has parental responsibility, agreement is generally needed in writing. If agreement cannot be reached, it may be necessary to ask the court to decide what is in the child’s best interests.
The NLS Private Law department can explain the options and process that may apply to your circumstances.
How NLS can help with international child relocation
National Legal Service can help you to:
- Understand the issues that may need to be considered before a child moves abroad
- Consider the arrangements that may be needed for a child and both parents
- Understand the options available if you do not agree with a proposed move
- Explain the legal process and the next steps that may apply
- Consider how international relocation may affect existing child arrangements
Every family’s circumstances are different. The appropriate next step will depend on the child’s needs, the proposed move, each parent’s circumstances and the arrangements already in place.
Considering a move abroad with your child
A parent may be considering relocation for many reasons. These can include a new job, family support, a new relationship, a return to a country of origin or a change in personal circumstances.
Before making plans, it is important to consider the effect of the move on your child and the practical arrangements that may be needed. This can include where your child would live, schooling, healthcare, travel arrangements and how they would maintain a meaningful relationship with the parent remaining in the UK.
It can also help to think carefully about the proposed arrangements for time together, communication and visits. Clear information can make it easier to understand the issues that need to be discussed.
Responding to a proposed international relocation
Learning that the other parent is planning to move abroad with your child can be difficult. You may have concerns about the effect on your relationship with your child, how often you would see them and whether the proposed arrangements are realistic.
It is important to understand the details of the proposed move before decisions are made. This may include the destination, intended timescale, housing, school arrangements, available support and proposals for your child to spend time with you.
NLS can help you understand the options available and the matters that may need to be addressed when responding to a proposed relocation.
Consent and court permission
The legal position will depend on the circumstances, including who has parental responsibility, whether there are existing court orders and whether the proposal is for a permanent move or a temporary trip.
GOV.UK states that permission is required from everyone with parental responsibility, or from a court, before taking a child abroad. It also explains that different rules can apply to some temporary trips where a child arrangements order says that the child lives with the person taking them abroad.
If agreement cannot be reached, you may need to seek advice about whether a court application is appropriate. The court will make its decision based on the child’s best interests.
Planning for your child’s future
International child relocation cases often involve detailed planning. The more clearly the practical arrangements can be explained, the easier it can be to identify the issues that need to be resolved. Important points may include:
- The proposed country and location
- Housing and living arrangements
- Education and healthcare
- The child’s language, culture and support network
- Travel arrangements and costs
- Time with the other parent, including holidays and video calls
- How parents will communicate about important decisions
These issues will not carry the same weight in every case. What matters will depend on your child’s needs and the circumstances of the family.
Shabana Sultana - Head of Private Family Law
Shabana has spent more than 26 years working solely in family law and can conduct with confidence all private family cases of every description. She specialises in financial matters following divorce and private Children’s matters with a focus on international child relocation cases are the heart of her practice. She is a natural problem solver always thinking creatively and outside the box to achieve successful outcomes for her clients. Her clients praise her for being a master negotiating who is never phased by the noise of her opponents, and this has meant she can boast a strong record of achieving out of court settlements.
Shabana works alongside an impressive team of carefully selected experts who lead with discretion and expertise including accountants, auditors, from pension actuaries to surveyors and private investigators. Twenty-six years in practice have given her a strong network of family law barristers who time after time deliver the results her clients want.
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International Child Relocation FAQs
- Can I move abroad with my child after separation?
A move abroad with a child is a major decision. Where more than one person has parental responsibility, agreement is generally needed in writing. If agreement cannot be reached, it may be necessary to ask the court to decide what is in the child’s best interests.
- What if the other parent does not agree to the move?
If agreement cannot be reached, you may need advice about the options available and whether a court application is appropriate. The court will consider the individual circumstances and make its decision based on the child’s best interests.
- Can a parent stop a child moving abroad?
A parent who is concerned about a proposed move should seek advice about their legal position and the available options. The appropriate approach will depend on the facts, including parental responsibility, existing arrangements and any court orders.
- Do the same rules apply to a holiday abroad?
Not always. GOV.UK explains that the rules for taking a child abroad can differ for temporary trips, including where a child arrangements order says that the child lives with the person travelling. It is important to check the position before making travel plans.
- What does the court consider in an international relocation case?
The court will consider the individual circumstances and make a decision based on the child’s best interests. Information about the proposed move, the child’s needs and the arrangements for their relationship with each parent may all be relevant.
- What if I am worried my child may be taken abroad without my agreement?
Seek advice promptly. Taking a child abroad without the necessary permission may amount to child abduction. GOV.UK also advises contacting the police where a child is at risk of being taken out of the UK without consent.
- How long does an international child relocation case take?
Timescales vary depending on the circumstances, the issues in dispute and whether agreement can be reached. It is not possible to predict a timescale without understanding the situation.