Q: What if a parent wants to relocate overseas with the children?
A: In England and Wales, a child cannot be moved to another country without the permission of all individuals with parental responsibility or a court order. If you suspect the other parent is planning to leave the country imminently without consent:

• You can apply to the court for an urgent Prohibited Steps Order, preventing them from leaving with the child.
• If it’s a matter of a short holiday, the other parent might seek a Specific Issue Order, or if it’s a permanent move, they would need Leave to Remove the child from the jurisdiction.

From a practical standpoint, if you hold the child’s passport, ensure it is secure. You can also speak to the Passport Office to be notified if a replacement passport application is made. If the court grants a Prohibited Steps Order, you could request an All Ports Alert to inform border controls.

Q: How should I respond if a child is taken overseas unexpectedly?
A: If your child is removed without your agreement, especially if you fear for their welfare, contact the police immediately. If urgent action is needed, the police will work with INTERPOL and other international forces to locate your child.

• The Hague Convention: Many countries abide by this treaty, aiming for a swift return of children abducted across borders.
• Non-Convention Countries: Alternative legal routes may be required if the country involved is not part of the Hague Convention.

Our international child law experts can offer advice tailored to your specific situation and country involved. Early professional support is crucial.

Q: Can a parent relocate if the other with parental responsibility objects?
A: If one parent will not grant consent for the children to move to another country, the relocating parent must seek a Leave to Remove order from the court. Without written permission or a court order, moving a child out of England and Wales may be considered unlawful.

Q: Will the court consider the child’s views on relocating overseas?
A: If the court is involved and the parents disagree about relocating, the children’s wishes and feelings can be taken into account, depending on their age and maturity. Ultimately, the court’s overriding consideration is what’s in the child’s best interests.

Q: How do I handle child maintenance when the other parent lives abroad?
A: The Child Maintenance Service (CMS) has limited powers to assess and enforce maintenance if the paying parent lives overseas, unless they work for a UK-based company or fall under certain other criteria.

• If you have a maintenance order from a UK court, some orders can be enforced in specific other countries.
• You could apply to the courts in the country where your ex now resides, but you should seek local legal advice there first.

An alternative is to try reaching a private agreement with your ex. Where that’s not possible, professional support and guidance may be essential.

Q: How does it work if one parent is British and the family lives in Australia?
A: If the child lives in Australia, Australian law usually governs whether relocation abroad can occur. In England and Wales, relocation out of the UK must have the consent of everyone with parental responsibility or a court order. Courts weigh the pros and cons of moving in light of the child’s welfare.

If you’re based in Australia, consult an Australian lawyer for clarity on your specific position—Australian legislation may mirror some aspects of UK law but can differ in important respects.

Q: What if I just want a short holiday outside the UK with my children?
A: This depends on the details of any Child Arrangements Order:

• If the children live primarily with you, you can usually take them abroad for up to one month without explicit consent, as long as it doesn’t conflict with another part of the court order.
• If the children have shared residency with both parents, each parent may take them abroad for a holiday of up to 28 days, provided it doesn’t violate any court order terms.

If you and your child have different surnames, consider taking birth certificates or relevant documentation to avoid complications at border checks.

Need More Information?
For expert help with international family law—whether you’re considering relocation, dealing with abduction, or navigating cross-border child maintenance—contact HM & Co. Solicitors:

Address: 186 Lower Road, Surrey Quays, London SE16 2UN
Telephone: 02071128180
Email: info@hmsolicitorsltd.com