International Child Relocation: Legal Steps and Parental Rights

As a parent, there is no greater calling than the safety and security of your children.  This remains just as true for you regardless your personal or professional circumstances – and you won’t need telling this, either. You already know you would move heaven and earth to ensure the best possible life for your kids; unfortunately, this instinct can sometimes exist in tension with other expectations.

For instance, you may be in a position where moving abroad with your child would be the best for the both of you – but you may be faced with considerable legal hurdles to making this the reality you both deserve it to be. Here, we will explore the potential ramifications of an international relocation with a child in tow – and the steps you may need to take to achieve the results you desire.

1. Understanding Parental Responsibility and Consent

Consent forms a vital part of any relocation process, domestic or international. There are ethical bases by which to consider this, of course – but also legal bases, which are fundamental to understand when it comes to successfully making such a meaningful life change.

In short, if you intend to relocating a child abroad, you need the consent of all individuals with parental responsibility. This means that your own wishes may not be enough to make the move legally; your partner, current or ex, will need to consent too, unless you have sole parental responsibility. Even then, the consent of the other parent can be an extremely useful tool to have for the avoidance of future disputes.

2. Legal Requirements for International Relocation

Consent is, unavoidably, the underpinning of a smooth, legally-sound relocation process for you and your children. However, failure to gain consent from estranged or ex-partners is not necessarily the end of the story. You still have avenues by which to gain permission to make such a move – specifically, legal avenues, supported by guidance from a family law solicitor.

The key route to enabling an international relocation, where consent from the other parent is impossible to obtain, would be through applying for a Specific Issue Order under the Children Act 1989. A Specific Issue Order enables you to take a dispute between you and the other legal parent before the court, which can then independently and objectively assess the appropriate course of action to take. 

3. The Role of the Child's Views

The decision will be reinforced by a variety of criteria, with a fundamental view to securing the best interests of the child. As a crucial part of this, the court will consider the child's wishes and feelings, depending on their age and maturity. Younger children will naturally have less personal sway in the findings, but older children with reasonable degrees of independence and maturity can be expected to have more input in potentiality of your move.