Permission to Remove a Child from the Jurisdiction
It is now common to have relationships with people from other countries or to want to move for work or for the experience of living abroad.
There may come a time when if you are a parent you may be faced with a decision that you or the other parent wants to relocate abroad. This could either be because of a desire to return to a country of origin or because a job means relocation is needed them or simply in search of a better life.
There may also be occasions where parents cannot agree about whether children should go on holiday with the other parent.
Ordinarily parents would be expected to discuss and agree the appropriate arrangements for their care, including in which country they should live.
If however you are not able to agree, an application can be made for the court to decide whether the holiday should take place or whether the relocation should go ahead.
In all such cases the welfare of the children is paramount and the needs of the adults are important, but secondary.
A parent who wishes to re-locate must make an application to the court for permission to remove the child from the jurisdiction. They would need to show what the benefit of the move would be for the children and would have to give detailed information about the practicalities of a move and importantly detailed information in respect of contact with the other parent. These decions are often complex and very difficult, with the court having to carry out a difficult balancing act.
There are a number of things that a party to such proceedings can do either to make re-location more likely and conversely to argue that the child should not go.