You cannot move abroad unilaterally without gaining the consent of all parties who have Parental Responsibility for the child.  This is most likely to be the other parent, however it is possible for other parties to have acquired parental responsibility (such as grandparents or the local authority). 

You would be well advised to obtain their consent in writing as evidence for the future. If the other parties with parental responsibility agree to the move, then you can proceed. 

However, the issue arises where consent is not provided from other parties. There are a number of reasons why the other parent may object - most commonly that their relationship with the child may suffer as a result of the distance that the proposed move would create between the child and the non-resident parent. 

If you cannot gain the consent of the other parent, you would need to make an application to the court for permission to remove the child from the jurisdiction and to permanently relocate. 

The court would consider the welfare of the child concerned and whether the move is in their best interests. The court would make enquiries with CAFCASS, the children and family court advisory and support service, to determine the likely impact the move abroad would have on the welfare of the child. 

If your child is old enough, the court would take into account their wishes and feelings when considering your application.  The court would also consider the reasons for the proposed move, whether you have any connections in the country that you propose to move to, the education that your child would receive, and what the plan would be for maintaining a relationship with the non-resident parent.  The welfare of the child will be the court’s main consideration when considering your application.  

If your application is rejected, and you move abroad without the appropriate permissions, this would be child abduction and there would be a number of legal remedies available to the child’s other parent to order your return back to the UK. 

Contact us 

If you have any further questions regarding divorce proceedings, please do not hesitate to contact our expert Family Lawyers.  We have offices based in Wolverhampton and Cradley Heath and serve clients across the West Midlands and Black Country including Stourbridge, Wolverhampton and Birmingham. If you complete our online enquiry form, a member of our team will contact you for an initial discussion.

Alternatively contact Mark Vandaele, Head of Family Law, on 01902 796930 (mvandaele@georgegreen.co.uk)