Moving Abroad with a Child: What Separated Parents need to Know

The first step under section 1 of the Child Abduction Act 1984 is to obtain consent from the child’s mother, the father if he has parental responsibility, any guardian or special guardian, and any person named in a child arrangements order (CAO) as someone the child lives with. If the latter applies, section 13 of the Children Act 1989 adds a further requirement that consent must be given in writing by every person with parental responsibility. Failing which, the Court’s permission must be obtained. Even in the event of there not being a CAO in place, it is strongly recommended to get any permission to relocate in writing.

If you are concerned your child may be taken abroad, you may apply for a prohibited steps order. In High Court proceedings the Tipstaff can enforce location and passport orders, and where there is an imminent risk of abduction, the police may place a port alert, which circulates the child’s details to ports and airports for 28 days.

Failing to comply with the requirements prior to relocation is a criminal offence under the Child Abduction Act 1984, and there are limited defences. If the destination country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction, the left-behind parent can also seek the child’s summary return.

If you are unable to obtain the other parent’s consent to relocate, you must first attend a Mediation Information and Assessment Meeting (MIAM), if no exemption applies. If you cannot reach an agreement, you can make a Court application. If you already have a ‘lives with’ CAO then you can apply under section 13 of the Children Act 1989 for the Court’s leave to relocate. If there is not already an order in place, you would have to make an application for a specific issue order under section 8.

The Court proceedings will take at least several months to conclude and will be evidence heavy The child’s welfare will be the Court’s paramount consideration, and this will be assessed against the checklist in section 1 (3) of the Children Act 1989. In order to present the most persuasive relocation plan to the Court, you should be specific and provide supporting documentation, such as confirmation of any job offers or school places. It is also important to consider how the other parent’s relationship with the child will be maintained, with a thoroughly considered arrangement. In light of the above, it is important to carefully consider any plans to relocate with your child, and obtain independent advice when necessary.