The mother will always have parental responsibility. A father can have parental responsibility in a number of different situations. If the father was married to the child’s mother when the child was born or if he married the child’s mother after the child was born then the father will be deemed to have parental responsibility. As long as the child’s birth was registered on or later than 1 December 2003 and the father is named on the birth certificate then a father who never married the child’s mother can also be deemed to have parental responsibility.
Another way to gain parental responsibility is by obtaining agreement from the mother or, alternatively, a court can order that someone have parental responsibility. It is also worth noting that the parent with the residence order doesn’t need the other parent’s permission to take the children out of the country for no more than 28 days.
If you think your child’s other parent is going to take your child to live in another country then it is extremely important to seek expert legal advice from solicitors such as Austin Kemp as soon as possible. Our specialist team of solicitors will advise you on your options and will act quickly and effectively to put any necessary stops in place.
Alternatively, if you would like to relocate your child abroad and need advice on the best way of doing this then we will provide independent legal advice regarding your options and how best to move forward.
This is an especially sensitive area of law where there is little or no compromise: children either move abroad or stay in the UK. This means it is extremely important to get independent legal advice at an early stage as most cases do end up in court.
We are also able to handle child abduction cases with the necessary speed and expertise this demands.
Austin Kemp particularly specialises in high net worth individuals who may have large amounts of assets and wealth not only in England and Wales but also abroad and can argue your case taking this into account.
First of all the court will consider the child’s welfare and then the parent’s reasons for wanting to take them abroad. The other parent’s reasons for wanting them to stay are also considered before any kind of conclusion is reached. The court will also consider what will happen if the parent wanting to move abroad cannot go or take their child. An important consideration for the court is the principle that what will harm the main carer will harm the child.
The fact that child relocation cases usually end up in court, and because there is usually no middle ground, means that these cases can take large amounts of time to resolve.
There have been major changes in recent years to the court’s approach, so up-to-date legal advice is essential if you went to move abroad with your children or if you feel that such a move would simply not be in their best interests.