Moving abroad with my child

You may be in a situation where, following a divorce or separation, you wish to move abroad or emigrate with your children. This could be for several reasons including moving closer to family, going home or changing your job.

The technical legal term for this is ‘removal from the jurisdiction’. To permanently take a child out of England and Wales you need either permission from everyone who has parental responsibility for your children or an order from the family court. It is imperative you seek specialist legal advice, so you do not break the law regarding child abduction.

If the other parent doesn’t agree, or is likely to disagree with your plans, and you have to make a court application, you will need to prepare a very detailed and lengthy proposal about your children’s lives in the new country.

This will involve proposals for things like language lessons (if necessary), schooling arrangements and how the children’s relationship with the other parent will be maintained. This takes a lot of time, effort and organisation. Again, it is really important that you take specialist legal advice at an early stage so that you can prepare your proposal well in advance of a court application and possible moving date.