With an increasing number of couples having an international background, it is becoming increasingly common for parents to ask whether they can move country with their child and if they need agreement of the other parent. Often, this occurs after parents separate and one wishes to return home. The below case study is an example of the key considerations when one party wishes to move abroad with a child.
Robert is English and has always lived in London. He met his partner, Jasmine, 5 years ago and they have one child together, Emilia. Emilia is 3 years old. Jasmine was born in Poland and she moved to England shortly before meeting Robert. Robert and Jasmine came to the conclusion that their relationship was over and Jasmine approached us as she was giving serious consideration to returning to Poland. She wanted Emilia to relocate with her as she considered that she undertook the majority of the childcare and believed that going forward Emilia would spend more time with her than Robert. Jasmine also believed that there were various other benefits of relocating to Poland for Emilia.
We initially advised Jasmine as to whether Robert had parental responsibility for Emilia. This was important as if Robert had parental responsibility for Emilia then Jasmine would require his agreement to permanently relocate Emilia to another country. It was ascertained that Robert did have parental responsibility as he was named on the birth certificate.
Jasmine decided that she wished to move back to Poland with Emilia and we advised her to think carefully about the following should the move take place:
- What arrangements would be put in place for Emilia to spend time with Robert and how her relationship with her father would be maintained e.g. how often Robert would see her and where, who would cover the cost of travel, indirect contact such as video/phone calls.
- Schooling;
- Healthcare;
- Housing;
- Support networks e.g. family or friends;
- Information about the local area including availability of activities, crime rates etc
As Jasmine required Robert’s consent we advised her that, in the first instance, a detailed proposal should be sent to Robert dealing with the above topics so that he could consider the move in full and why it would be in Emilia’s best interests. It was important to focus on how Robert’s relationship would be maintained with Emilia not only to reassure him but also because it would be a very significant factor the court would consider if the move was not agreed by Robert. The letter included documentation in support such as school brochures, evidence of the housing available and the local crime rates.
Whilst it was a very hard decision, Robert agreed to the move and plans were put in place for Jasmine to move with Emilia. The agreement was recorded in an order that was agreed by consent and approved by the court. This was to prevent any uncertainty in the arrangements at a later date.
Had Robert not agreed to the move, Jasmine would have needed the approval of court to relocate with Emilia and a court application would have been made to determine whether such a move was in Emilia’s best interests.
