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I want to re-locate to another country – what do I need to do first?

If you would like to re-locate to another country with your child then you should first try to obtain consent from every person who has parental responsibility for the child. The mother always has parental responsibility and the father and others can in certain circumstances.

It is important to seek independent legal advice as soon as possible if you would like to re-locate with your child as, because of the lack of compromise – the child lives abroad or it doesn’t – these cases often end up in court. The court will consider what is best for the child and how the decision will impact the parent who will stay in the country, as well as the impact on the parent who wants to go if they are made to stay. The court’s main consideration will be the needs and welfare of the child involved.

Austin Kemp’s experienced team of solicitors are able to advise you if you or your ex-spouse would like to take your child abroad. It is very important to follow the proper procedures and gain the necessary permissions or court orders, as moving a child abroad without these is child abduction and becomes a criminal matter.

What’s the best way of maximising my chances of success when I apply to re-locate?

Getting specialist, independent legal advice is very important if you want to increase your chances of being able to re-locate abroad with your child. In recent times there have been more cases where courts have refused permission to a parent who wants to move their child abroad.

If you would like to go back to your home country with your child, for example, you could have more chance of success than if you would just like to move abroad to change your lifestyle after your divorce. It’s important that you present a plan to the court that helps to persuade them that you have realistically thought about how the move will affect the child. For example, you should include where you would send the child to school after the move and the house you will live in.

Showing that you’ve considered the other parent and their contact with the child is also of the utmost importance. Austin Kemp specialise in advising high net worth individuals with assets and investments worldwide, who would like to relocate with their child. Our team of experienced solicitors can also advise you if you would like to fight a child relocation application.

For more information on this subject please visit our Legal Library.

Contact us to see how we can help to re-locate to another country with your child

For more information call our team on 0845 862 5001 or email

We offer a nationwide service. We have client meeting office facilities available, in order to have face-to-face client meetings / conferences as and when required in:

Leeds Office: Princes Exchange, Princes Square, Leeds, LS1 4HY

Wakefield Office: Market Walk, Wakefield, WF1 1QR

Halifax Office: Old Lane, Halifax, HX3 5WP

Huddersfield Office: Northumberland Street Huddersfield, HD1 1RL

Coventry Office: Warwick Road, Coventry, CV1 2DY

Canary Wharf Office: 25 Canada Square, Canary Wharf, London, E14 5LB

Please contact us for more details.

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11th May 2017

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