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Moving abroad
With people able to travel more frequently and further afield, the world has shrunk over the past few decades and parents now, do not necessarily live in the same country.
What does this mean when one person wants to take the child out of England and Wales and live abroad? The law says that you cannot do this automatically. You either have to get the consent of the other parent, or permission from the Court.
Michelmores moving abroad team
The Legal Services Commission
The Legal Services Commission (LSC) runs the legal aid scheme in England and Wales . We work in partnership with solicitors and not-for-profit organisations to provide information, advice and legal representation to people in need. We also make sure that people get the information, advice and legal help they need to deal with a wide range of problems.
- Tel: 0845 345 4345
- Website: http://www.legalservices.gov.uk
(Michelmores are not responsible for third party website contents).
Is it OK to take the children on holiday if the other parent does not agree?
If you have a Residence Order in your favour then yes. Otherwise, this is a criminal offence and you need to obtain the written permission of the other parent.
The other parent wants to deliberately destroy my relationship with our children and is therefore moving to Australia. Will the courts allow this?
Possibly not: If you can evidence that the other parent's sole motive in moving abroad is malicious and is to destroy your relationship with the child then the court is unlikely to consider this to be in the children's best interests.
Moving abroad
Following the breakdown of your relationship, you may decide that you wish to return or move to another country and for the children to come with you.
