Can I stop my ex taking my children to live abroad?

This is always a very emotive issue to be called upon to advise be it acting for the party wishing to take a child to live abroad or for a party who wishes to prevent a child from being removed to live abroad.  This is a separate issue to a child being unlawfully removed.

When a child is born the mother will automatically be granted what is known as parental responsibility.  Fathers will acquire this by way of being named on the child’s birth certificate, by entering into a parental responsibility agreement with the mother or the court ordering that the father should have parental responsibility. Same sex couples will acquire parental responsibility albeit in different ways be it relating to a second female parent or following surrogacy.

Therefore, there has to be a real reason why the relocation is being planned.  For many it is because the party wishing to remove has secured better employment prospects or are in a relationship with a person who is not a UK national, and they wish to return to their home abroad.   It cannot be on a whim or any hint that it is to obstruct a relationship with the parent remaining behind.  The application will likely fail in such circumstances.  There will need to be serious consideration of not only how life will work in the new country be it in relation to education, health, support network, relocating parent’s work plan and also how the family will be financially supported. 

There will also have to be a lot of thought put into showing to the court how the relationship with the remaining parent will be promoted.  Definitely where the child spends a lot of time with the remaining parent and even where there is more limited time spent.  It cannot be underestimated by the parent wishing to remove the child how much detail and thought they will need to be put into the plan as witness statements will be directed to be prepared within the proceedings setting out all plans for and against.  There will also need to be thought given as to the impact upon the child and also the parent wishing to remove the child, if an order allowing the removal is refused.  

The courts are very conscious that whichever way they determine the application, there will be one parent left upset at the court’s decision that could impact upon the child as well.  This is not always from the point of view of the remaining parent because if they are successful as their reason will be to keep the status quo of their relationship with the child but for a parent wishing to relocate, their distress in their wish to relocate being prevented can emotionally impact upon the child.  So as stated at the outset these are very emotive applications so do give serious caution as to the reasons for wishing to relocate/prevent the relocation before embarking on the steps you then take.