Child Abduction & Relocation

FAQs

• I want to move abroad with my child. What should I do?

  If you’re considering moving overseas with your child, you must first gain the consent (ideally written consent) of the other parent and anyone else who has parental responsibility.

  Initially, you should always try to resolve the issue amicably, preferably through mediation or with the support of solicitors.

  Where an agreement can’t be reached, you may need to apply to the court for permission.

• What is a child relocation application?

  A child relocation application constitutes a specific issue order pursuant to s8 of the Children Act 1989.

  This requires completion of a form C100. Once completed, the form should then be filed at your local family court and will subsequently be served upon the respondent(s).

  If you have any safety or welfare concerns, it may also be necessary to complete a C1A to submit details to the court. Whether this is appropriate in your case will often require careful consideration.

  We recommend that you seek advice from a specialist solicitor to assist you during this process.

• How do I make a successful application for child relocation?

  If you wish to apply to the court for permission to relocate with your child, it’s important that your application is carefully planned out with a real focus on how the move will be in the best interests of the child.

  Being able to argue your case using persuasive evidence is essential. You should ensure that your application considers the following:

  1. A full history of the relationship.
  2. Explanation of the proposed move.
  3. Suitable schools and accommodation in the proposed new area.
  4. Motivations for the move.
  5. Proposals for the child to spend time with the other parent.
  6. The effect of a refusal.

  Consideration must also be given to any court orders that are already in place regarding where and with whom the child lives and the implications that relocating may have.

  Before making any application to the court, it’s important to explore the possibility of negotiating with the other parent (either face to face, or through solicitors) to see if any agreement can be reached outside of court.

  There is a requirement to attend a MIAM (mediation information and assessment meeting) with a mediator before making an application to court, unless an exemption applies to your case.

• What does the court consider in a child relocation case?

  The court’s paramount concern when deciding child relocation cases will be the welfare of the child. This means that the court must be satisfied that the relocation is in the child’s best interests.

  The welfare checklist contained in Section 1(3) of the Children Act 1989 sets out the factors that the court will consider.

  These are as follows:

  1. The ascertainable wishes and feelings of the child concerned (considered in the light of their age and understanding).
  2. Their physical, emotional and educational needs.
  3. The likely effect on them of any change in circumstances.
  4. Their age, sex, background and any characteristics that the court considers relevant.
  5. Any harm that they have suffered or are at risk of suffering.
  6. How capable each of their parents (and any other person that the court considers the question to be relevant), is of meeting their needs.
  7. The range of powers available to the court under this Act.

• Can I challenge my ex-partner if they wish to relocate my child domestically?

  If your ex-partner has made an application to the court and you have parental responsibility for the child, you should be a respondent and will automatically be given the right to respond.

  If your ex-partner has voiced a wish to relocate and you have concerns that they may take steps to implement a move without your consent, you may need to make an application to prevent a move.

  The necessity and urgency of this would need to be considered. If a move has already been implemented within the UK, the parent who didn’t give permission may apply to the court for the child to be returned.

  The nature of this application would depend on the location of the child and whether they remained in England and Wales. An order may be granted for the return of the child if the court considers that this is in their best interests.

  If a child has been removed abroad, different provisions and procedures are in place.

• Can I challenge my ex-partner if they wish to relocate my child internationally?

  There is no real procedural distinction in terms of an application between a proposed relocation within England and Wales, the UK or internationally. However, the consequences of relocating a child without the consent of the other parent or a court order are different.

  If a parent has relocated a child to another country without permission, this is classed as child abduction. This is a criminal offence.

  Where a child arrangement order is in place that specifies where the child should live, there is an automatic prohibition on taking the child out of the UK for more than a month without the written consent of everyone with parental responsibility.

  There are specific provisions and procedures that should be followed to seek the return of a child who has been abducted to another country. These will depend on the country the child has been removed to.

• I was unsuccessful in preventing my child from being relocated abroad — what can I do now?

  If the court made an order granting the relocation or failed to grant an order to prevent the child from being relocated or for the child to be returned, you can ask the court to make a new order. This would generally be considered by the court as part of any relocation application.

  A child arrangement order can specify the time a child should spend with you and whether this contact should take place in this country or overseas.

  It’s important to note that ‘contact’ or ‘spends time with’ means more than face-to-face contact. It can also include cards, letters, gifts, phone calls, video calls and more — so the type of contact required and who is responsible for facilitating it should be set out specifically in the order to avoid any misunderstanding and try to ensure that this takes place without issue.