Relocation

Working out overseas arrangements for children

After a divorce or separation, one partner may want to relocate to another country with the children. This is generally acceptable if both parents agree.

But what can you do if you don’t want your children to relocate? Our solicitors can help.

Can you take your children abroad?

If you have parental responsibility for your children, then the other parent cannot take your children abroad without your consent. Even if it’s just for a short holiday, both parents with parental responsibility must agree that the child can go.

Normally, this isn’t a problem for a short holiday. If you are opposed to the idea though, please get in touch with us and we can discuss your options.

It can be more problematic if one parent wants to take the children to live abroad.

It’s possible to do this, if the other parent agrees. If you have their consent, then you’re free to live abroad with your children.

If the other parent doesn’t agree, then we can help you access the legal route to make it happen.

You may have to go to court to apply for ‘Leave to Remove’.

Child arrangement orders

Find agreement on arrangements that are best for your children, and aimed at protecting your relationship with them.

Specific issues orders and prohibited steps orders  

Get court approval or prohibition for aspects of your child’s upbringing.

Grandparents rights (in relation to children) 

Your rights on seeing your grandchildren after the marriage has broken down.

FAQs

What is the process for applying for ‘Leave to Remove’?

You first prepare a detailed plan about the child’s new life, including their living arrangements, education, healthcare, social support, and holidays.

The judge considers your plan, the other parent’s side of the story, and what’s best for the child. If Leave to Remove is granted, then you may live abroad with your children.
What can you do to stop your partner living abroad with your children?

You have a legal right to oppose your ex-partner’s choice to live overseas permanently with your children. Without your permission, it could be child abduction.

One of the things we can do is to apply for a Prohibited Steps Order. This is an urgent order to stop someone immediately from making decisions about your children.

Your partner may choose to apply to court for permission to leave the country and take the children. This is a longer process and may involve a court hearing.

We can help you prepare your witness statement for the hearing and guide you through the process to give you the best chance of keeping your children in the country.