Relocating Overseas With Your Children

• Published date: 06 June 2020
• Author: Ms Alexandra Tribe and Hilary Rupawalla
• Subject Matter: Family and Matrimonial, Family Law, Divorce
• Law Firm: Expatriate Law

This article was authored by Hilary Rupawalla.

Now that you and your ex-spouse are divorced, you may be planning to relocate overseas, and considering bringing your children with you. The reasons that one chooses to relocate overseas with children post-divorce may vary. Perhaps you have been offered new employment overseas, or you are moving back to your home country to be closer to your other family members. You may even be in search of a fresh start at life. Whatever your reason for relocating overseas with your children, there are a wide range of factors that you need to carefully consider before purchasing a plane ticket for your child and getting on that plane. If you are considering relocating with your child internationally, it is a good idea to seek legal advice from a family law specialist before you take any steps to remove your child from the jurisdiction.

This article sets out briefly the law on relocation with children out of the UK. Here we discuss the factors that the court takes into account when considering international relocation applications and provides general guidance on the steps that you can take if you wish to relocate with your child internationally. However, it is important to note that every case is different. This article only serves as a guide and you should legal advice from a family law specialist at the earliest opportunity.

Will I need to seek permission from my ex-spouse?

Although you and your ex-spouse are divorced, both parties still have parental responsibility for the children. Parental responsibility is the rights, duties and obligations a parent has to the child. If there is no child arrangement order in place, you must seek written consent and agreement from the other parent to relocate overseas with children. It is important that the consent and/or agreement be clear, specific and in writing. If there is a child arrangement order in place, you must apply for permission from the court. Failure to seek permission or consent could amount to wrongful removal / child abduction. The other parent could then bring an application for the summary return of your children under the Hague Convention on the Civil Aspects of International Child Abduction.

The law on relocation of children internationally

The court's paramount consideration is the welfare of the child (overarching guidance from the case of Payne v Payne). This applies to relocating overseas with children.

In considering the welfare of the child, the court will...