Relocation of a child outside of the UK
It is not possible for any parent to permanently remove a child from the UK without the consent of the other parent or a person with Parental Responsibility
It is a fact that over the last 10 years, their has been an increasing number of parents who following a separation or divorce, seek to move abroad to:
- reside with a new partner
- return to live with family
- simply seek a lifestyle change
It is not possible to remove a child abroad without the consent of the other parent or a person with Parental Responsibility. If that consent is not given, then the permission of the court has to be obtained.
If any parent or a person with Parental Responsibility did try and remove a child permanently from the UK they would be committing a criminal offence.
If there is no agreement to remove a child permanently from the UK then it is possible to apply to the court for a Specific Issue Order and obtain the courts permission to do so.
There have been a number of cases on this issue but the leading case, which sets out the factors and issues that the court should take into consideration when an application to remove a child permanently from the UK is Payne v Payne.
This is a very specialised area and at Paul Ireland Solicitors we recognise that this is often a very difficult and emotive subject.
At Paul Ireland Solicitors we have many years of experience in dealing with all aspects of childrens law. We can provide you with the expert advice that you need.