Relocating abroad with a child after separation is one of the most significant and contentious applications that can be made in family proceedings. It requires either the written consent of everyone with parental responsibility or a court order granting permission. Without one or the other, taking a child out of England and Wales to live abroad is a criminal offence under the Child Abduction Act 1984.
A leave to remove application, sometimes called an international relocation application, is an application to the family court for permission to permanently relocate a child out of England and Wales. It is one of the most carefully scrutinised applications in family law because the consequences of granting it are profound: the non-relocating parent's relationship with the child is fundamentally changed, and orders made in England and Wales may be difficult to enforce abroad.
The welfare of the child is the court's paramount consideration. The court does not have a presumption for or against international relocation. Instead, it carries out a detailed assessment of all the circumstances. The factors considered include the genuineness and reasonableness of the applicant parent's reasons for wanting to relocate, the plans for the child's life in the new country including schooling, housing, and support network, the impact on the child of refusing the application, the impact on the relationship with the non-relocating parent if the application is granted, and the arrangements for maintaining that relationship including contact, travel, and communication.
A poorly prepared leave to remove application is much more likely to fail. The applicant parent should have detailed, realistic plans for accommodation, schooling, employment or financial support, and arrangements for the child to maintain a relationship with the other parent. A proposed contact schedule, including arrangements for travel costs and holiday visits, is essential. The more concrete and child-focused the plans, the more favourably they are viewed.
Yes, and opposing a leave to remove application is a significant undertaking. The opposing parent needs to present a credible and reasoned case for why the relocation is not in the child's interests, not simply an emotional objection. Evidence of the relationship between the child and the opposing parent, the impact on the child of reduced contact, and any specific concerns about the proposed destination all carry weight.
Leave to remove applications are typically listed for a final hearing at which both parents give evidence and are cross-examined. CAFCASS is usually asked to prepare a report. These are substantive hearings that can last a day or more. Both parties should have specialist legal representation given the complexity and significance of the issues involved.
Relocating abroad with a child requires consent or a court order. The court's decision is based entirely on the child's welfare. Applicant parents need detailed, realistic plans. Opposing parents need a substantive case, not just an objection. A family law barrister is essential for both sides in a contested leave to remove application.
Whatever stage you are at, the Barrister Connect team can help you work out the right next step. Get in touch with us today.