Sports Stars And Child Welfare

As Sergio Aguero twirled his shirt above his head in celebration following his title-clinching 94th minute strike in the final game of last year's Premiership season, few would have guessed the personal difficulties the Manchester City star was facing. Shortly after his crowning glory, it was announced that he would be separating from his wife of four years, Giannina, the daughter of Diego Maradona, and that she would be moving back to their native Buenos Aires with their young son.

In the sports marketplace, where international superstars move freely amongst clubs scattered across the globe, this situation is becoming increasingly common. Carlos Tevez, Aguero's Manchester City team mate, has spoken about the difficulties he has faced with his family returning to Argentina, and it is reported that the Newcastle captain Fabricio Coloccini has been experiencing personal issues as a result of living away from his family.

Parental responsibility

Our sporting heroes are no different to us when it comes to a relationship breakdown and there are few more traumatic situations for any parent than enforced separation from his or her child. In order to move to another country with a child, the relocating parent must have the agreement of all those who in law have parental responsibility ("PR") for that child. Ordinarily, this will only be the other parent who will be left behind.

Married fathers automatically have PR for their children under English law, whilst unmarried fathers will do so if they are named on the child's birth certificate (provided the child was born in England and registered on an English birth certificate after 1 December 2003). For other unmarried fathers, including fathers of children born in other countries, such as international footballers who have brought their families to this country, they must acquire PR through an agreement with the mother or Court Order.

If the parent who will be left behind does not agree to the child relocating, it will be important to first ensure that he has PR (or applies for it without delay) and can raise a reasonable objection. The Court must then make a decision as to whether or not to allow the child to leave the country permanently.

In determining these decisions, the child's welfare is the Court's paramount consideration.

Child's welfare

Each case will be determined on the particular facts; the Court must consider how the child will be cared for following the move, choice of home and schools...