Removal from the jurisdiction (where one parent wishes to relocate abroad)

Do you wish to move abroad, and you are concerned that this may not be agreed? Are you worried about how your children will be able to maintain a relationship with both mum and dad if they move. 

You should first attempt to seek the consent of the other parent, don’t automatically assume that you will end up in court. Whilst you will need the consent of the other parent to relocate or the court if you can’t agree,  you don’t need to apply to court if you can agree plans in writing together.  Mediation can be a huge help in resolving concerns. Often parents are worried about agreeing as they have very real concerns about issues such as where the children will go to school, how they will maintain a relationship with the parent who is not relocating and the plans for them travelling back to their home country to see family and friends. Applications to the court should on the whole never be the first port of call, however we recognise that there are instances when they are necessary.

Practical steps :-

1. Think about how you will keep in contact with the other parent? Will this be a weekly skype call or catch up. Your children will need you both still even if you are living in different countries.
2. How will the children be able to see and keep in contact with the other parent and their family? This could be several pre agreed trips to the UK or a trip to the new country. Think about logistics and costs.  
3. How will the children be able to maintain links in between visits? Think about whether a regular video call can be scheduled ? Could this also include extended family.
4. How will the parent not moving maintain links with the new school? Do you need to arrange a joint video call with the new school to introduce each other?
5. Where will the children live? How will they be able to still see their friends?

Remember that as excited as one of you may be about a new life/job abroad, that will be anxieties amongst you all. Recognise that and that it may well be hard for the children. Think about how you can work together to help the children.

Often issues such as this can be resolved by talking and trying to iron out the worried and concerns, however we know that there will be times when you can’t agree and then legal advice can be invaluable. You will want to understand what a court application will look like and what the court will want to know to make decisions, expert legal advice can then be invaluable.

Please find a case study here which may apply to your situation and help you understand the practical points.