Under English law nobody is allowed to take a child out of the jurisdiction of England and Wales without the permission of everyone who has parental responsibility. If they do, it is deemed to be child abduction under the Hague Convention on Child Abduction and will have serious consequences.
If your ex-partner intends to relocate with your child abroad and you either have Parental Responsibility or Court proceedings about your child are on-going, the other parent will need to have your permission, or a Court order, before they can relocate your child out of the jurisdiction of England and Wales.
Going down the family Court order route is referred to as child relocation proceedings, and they usually fall under two types:
- External relocation
- Internal relocation
Relocating with a child after divorce
Moving abroad with children
This is known as external relocation. Removing a child from UK jurisdiction without the other parents’ permission could be seen as a criminal offence, even if the parent has a Court order for full custody.
The parent who is moving away must have written consent from the other parent before proceeding with external relocation.
Moving within the UK with children
This is known as internal relocation. In this case, if the distance will significantly affect the ability for the other parent to keep in regular contact, you should still be seeking written permission.
As you are not removing a child from UK jurisdiction with internal relocation, people assume it is hard to appeal a decision through Court. However, a case by Lady Justice Black, Re: C (international relocation) [2015] ruled that the same approach should be taken whether the move is international or within the UK.
This case involved an appeal by a father to stop a Court decision to let the mother move from London to Cumbria with their daughter.
Her ladyship emphasised that the distance a parent wishes to move will always be important, as will the practicalities of the child spending time with the left behind parent. She confirmed the Court will always consider the welfare principle in section 1 (1) [Children Act 1989] when deciding these cases.
Whatever the distance, you and your partner will need to take into consideration the legal and emotional implications of the move. You should seek legal advice on the rules around the decision to move away with the children.
How can Nelsons help?
For more information regarding relocating with a child after a divorce, then get in touch with children law expert Melanie Bridgen or another member of our Family Law team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online form.