Ciren Scene Magazine - Establishing Local Connections
Divorce: Can I Relocate Abroad with the Children?
by Alison Fielden & Co Many separated parents want to relocate abroad with their children following a divorce or separation. For some separated parents, lockdown may also have triggered thoughts of a new start or direction in their lives. There may be those separated parents who now realise that they do not need to live in a specific country for work purposes and, therefore, now wish to relocate to another country as remote working gives them the freedom and flexibility to do so, particular those who do freelance work. Those parents will need to carefully consider their decision against the backdrop of the legal framework to en- sure they maximise everyone’s best interest.
Whatever the exact motivation, any proposed re- location with a child outside the country requires detailed consideration and planning. A parent who wishes to relocate abroad after divorce or separa- tion will need to obtain permission from the other parent (or anyone else with parental responsibility)
or they will need to apply to the Court for an Order granting them permission. This type of application is known as a “leave to remove”.
If the parents are on good terms, then the best and most cost-effective solution is to try and reach agreement. A forum like mediation can allow both parents to have their voices heard within the dis- cussions – often a lack of communication is the main reason parents feel unable to sort matters between them.
There will be times when a Court application is the only option; however, for the majority of cases it is always best for parents to have full control over what is in their children’s best interest as they know their child best.
If mediation does not seem ap-
propriate there may be other suitable and creative options for hopefully narrowing down the issues. These options may include arbitration or scheduling a round table meeting for example.
If a Court application is made, then the Court must consider the welfare of the child and what is in the child’s best interest. This will include assessing the parent’s plans, the arrangements for contact be- tween the child and the other parent and the impact of refusing permission upon the child. The parent seeking to relocate will need to set out all neces-
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