International Relocation of Children | Divorce Lawyers & Family Law Solicitors | Austin Kemp

Divorce & Family Law

International Relocation of Children

In certain circumstances, a parent might wish to move to another country with their children.

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In certain circumstances, a parent might wish to move to another country with their children. Since there are legal implications for the international relocation of children, it’s better to understand the rules and regulations concerning these.

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Reasons for International Relocation of Children

At Austin Kemp, we’ve found that the international relocation of children happens due to the following reasons:

  • The breakdown of a marriage or relationship where one parent wants to take their child abroad to live with them.
  • A parent who plans to return to their ‘home country’ with their children.
  • A parent gets a job abroad and wants to move there with their children.
  • A parent wants to relocate to a different country to live with their new partner.

No matter what the reason, if you don’t plan it well, it can turn out to be stressful for both you and the child. That’s why you need to consult legal experts who are proficient in the area.

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How Can Austin Kemp’s Family Solicitors Help You

Moving a child to a different country is a highly emotional issue. If you’re thinking about an international relocation of children from the UK, the experienced solicitors at Austin Kemp can help and guide you in several ways. With the best interests of both the parent and the child, we provide:

  • Assistance and guidance with the planning and preparation of your application.
  • Submission of the relocation application on your behalf.
  • Defence of the application with a customised approach.
  • Assistance throughout the court proceedings.

At Austin Kemp, we know that no two international relocation situations are alike. More than anything else, we’ll understand your unique circumstance and devise a personalised plan for a successful international relocation. That’s one of the reasons you should contact us at the early stage of the process.

What You Need to Know About International Relocation of Children

The first thing to understand about the international relocation of children is that if there is no Child Arrangements Order in place, you need the consent of the other parent and of any/all individuals with parental responsibility.

It,s important to know that even when there’s a Child Arrangements Order in place, you cannot take a child out of the country for beyond a month without the consent of the parent or any/all individuals with parental responsibility.

The process will be quick and smooth if you get permission from the other person. Relocating a child without the explicit consent of the other parent or person with parental responsibility will be construed as child abduction.

If you don’t or can’t get the consent of the other parent, you will have to obtain permission from the court by applying for a “leave to remove” or a “relocation application.”

Preparing for an International Relocation of Your Child

If you’re planning to move abroad and take your child with you, you should talk to the other parent/guardian and if necessary, try to resolve the issue through mediation. If that is unsuccessful, you will have to move the court.

Before you do so, the family solicitors at Austin Kemp will explain to you the factors that the court considers in the international relocation of children. These include:

  • Whether the application is genuine or if it’s meant to exclude the other parent or individual with parental responsibility from the child’s life.
  • The wishes of the other parent and the reasons for their objection.
  • Whether the relocation is in the best interests of the child.
  • The practical situations regarding schooling and where the child will live.
  • Whether you can financially support yourself and the child.
  • How the other parent will communicate with the child.
  • Whether the child will face any language problems.

The process will be easier if you get in touch with the solicitors at Austin Kemp for assistance. We’ll help you prepare an objective case for the relocation that takes account of the best interests of the child.

The Process of Relocating a Child Internationally

Definition of ‘Habitually Resident’

Without consent from the other parent or individual with parental responsibility, you’ll need to apply to the court with an application. If they are not consulted and you decide to relocate unilaterally, it will be considered child abduction, which is a criminal offence.

Once you make an application, the court will consider all relevant aspects of the case to ensure that the other parent’s or individual’s rights are not violated. When you apply to the court for permission for international relocation, the court may appoint a CAFCASS officer to enquire about the child’s welfare issues and give recommendations to the family judge.

You will have to provide a statement of evidence stating your case. This should explain why you believe it is in the best interests of the child to relocate abroad. The expert family solicitors at Austin Kemp can ensure that your reasons are legally sound and answer all the questions the court would have in mind.

Traditionally, the court used to weigh the wishes of the parent who wants to relocate and the effects of the refusal on that parent. But of late, this has been challenged. Itis up to the Family Court to consider the best interests of the child in question considering all the circumstances, apply a welfare test, and then make an order.

Risks and Benefits of Relocating Children Internationally

Under all circumstances, you should avoid taking the child abroad unilaterally. If you don’t have parental consent, you’re looking at lengthy legal proceedings.

If you do obtain the consent of the other parent or a favourable court order, the biggest risk of international relocation of children is the child’s safety and well-being. This is why you should always conduct thorough research about the quality of life, education, law and order situation, communication facilities, and the neighbourhood you intend to move to.

The biggest benefit of international relocation is that, quite simply, your child will be with you. With potentially an improved income, career, and a change in scenery, you are also looking at a better quality of life. And let’s not forget, exposure to new friends and different cultures will help widen your child’s outlook towards life.

If you’re thinking about an international relocation of children, contact the specialist solicitors at Austin Kemp for detailed information, guidance, and assistance to make sure that the process is rewarding for both you and the child.

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We know that getting a divorce divides your world into two. We're here to guide you through the uncertainty and emotional rollercoaster. One step at a time.

First Class Service

Choose Austin Kemp and you'll get a premium service in all areas. We aren't the cheapest out there, but what we are is the best solution to help you get what you deserve.

Impeccable Advice

Our advice and strategy is second to none. Not all law firms are created equal. Because we're specialists, our depth of knowledge is often the edge that makes the difference.

Challenging Thinking

We work with you to get what you deserve. We don't mean that it's going to be easy – but we're here to support you every part of the journey.

Industry Leading Professionals

We have A-players at every level. We employ the best of the best, and that's why our clients choose us. Because getting the right solicitor can mean your future takes a different path.

The Right Fit

We'll make sure you have a solicitor that fits your case type. If you want a certain approach to your case – we'll make sure your solicitor has the right style for you.

Empathy

We know that getting a divorce divides your world into two. We're here to guide you through the uncertainty and emotional rollercoaster. One step at a time.

Talk to us now on 0333 311 0925

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Austin Kemp handled my divorce efficiently and pleasantly, with a consistent contact person, making it all convenient online. Their straightforward online payment system was a necessary evil, but I'd use them again if needed.

Referred by an online service, I chose Austin Kemp for divorce and financial settlement with my ex-wife. Emma's assistance was invaluable; I paid for a guidance check on the consent order before submission. Court process went smoothly, and I'm content with the outcome.

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Alex Clarke, 'The Saviour,' actively handled my case, ensuring clear communication and understanding throughout. He promptly responded to calls and emails, investing time even before any formal agreement. His integrity convinced me he was the right choice to represent me. When it comes to issues concerning children, contact Alex Clarke—'The Saviour.'

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