Relocation, Relocation, Relocation

There may come a point at which a parent with the care of a child decides that they would like to move abroad. When the lure of the sun becomes irresistible, they will need to try to reach agreement with the other parent to enable them to remove the child abroad. To remove a child from the United Kingdom permanently would require either the consent in writing of the other parent, or the permission of the court. Sometimes the other parent will agree, but frequently they will be unhappy about the arrangements. There are obvious practical difficulties in respect of contact. If there has been frequent contact and then the child is removed say to Spain, it is very difficult for contact to take place in the same way. They may have concerns about practical arrangements in the place to which the child is being taken. If they do not agree, the parent who wants to move abroad must apply to the court.

The court will consider the reasons for the planned emigration, the effect of refusing to allow the emigration, the circumstances of the proposed home, the wishes of the child and the effect on contact with the other parent. The child’s welfare is the paramount concern.

An application for permission to take the child abroad will require a plan which has been thought through carefully. The court will expect the plan to include having information about the address to which the child would go. The court will want to know something about the area, about educational arrangements, health care arrangements and the advantages of the move taking place. The court will need to be satisfied that the family will be able to manage financially when they get there. The court will also wish to know how contact is intended to be managed if the move goes ahead. The parent who objects will challenge the application if it appears that the other parent has not really thought things through carefully. The court will be concerned if it appears that too much has been left to be sorted out once the move has taken place. They will need to look at any issues about the child being able to manage in the foreign country.

It will also look at the impact on the child of being removed from family and friends. Although contact can take place, it may be argued that contact much less frequently is not in the child’s interest. It also raises the question of who will pay for the cost of the child coming back for contact. The court may well still take the view that despite issues about difficulties with contact permission should still be granted. Contact can be managed by other means, such as e-mail, telephone calls or web-cams, as well as travelling back for face to face contact.

If there are significant gaps in the plan, it is possible that the court will refuse to grant permission, or may decide to adjourn the case until the gaps have been filled.

The court will have to decide whether the plan taken as a whole is in the child’s interest. If the court refuses permission the parent who wants to move will not be able to go abroad so it is important that no financial commitments are made until the order has been granted. Once the plan has been set up, it is important to allow enough time to make a potentially contested application to the court before such matters as giving up jobs and accommodation take place. The important thing is to seek advice at the earliest opportunity to ensure that the plan is likely to be acceptable to the court and that all the issues which might arise have been allowed for.

Published 28/05/2009. The author of this article is John Brimble