After a divorce, one parent may want to move to another country with their child. This is called international relocation and can be a complex and emotional process. Both parents usually have strong feelings about what is best for their child, and the law is there to make sure the child’s welfare comes first.
Can You Relocate with a Child After Divorce?
If both parents share parental responsibility, you cannot move to another country with your child without:
The other parent’s written permission, or
A court order allowing the relocation.
If you take your child abroad without the proper agreement, it could be considered child abduction, which is a serious legal issue.
How to Handle International Relocation
If you want to move abroad with your child, you must follow certain steps:
1. Talk to the Other Parent
The first step is to discuss your plans with the other parent. Explain:
Why you want to move.
How it will benefit the child.
How the child can maintain contact with the parent staying behind.
If both parents agree, you can create a written agreement outlining the details.
2. Seek Legal Advice
If the other parent doesn’t agree, you should speak to a solicitor. They can help you understand your rights and guide you through the process of applying to the court.
3. Apply for a Court Order
If no agreement can be reached, you’ll need to apply to the court for permission to relocate. This is done by filing a C100 form with your local family court.
How Does the Court Decide?
The court’s main priority is the welfare of the child. They will consider:
The Child’s Best Interests
Will the move improve the child’s quality of life (e.g., better schools, family support)?
How will it affect their emotional and physical wellbeing?
The Parent’s Plans
Are the reasons for moving genuine, such as a job opportunity or family support?
Is the move well-planned, with housing, schooling, and other arrangements in place?
The Impact on the Child’s Relationship with the Other Parent
Can the child maintain a strong relationship with the parent staying behind?
Are there plans for regular visits, phone calls, or video chats?
The Child’s Views
If the child is old enough, the court may take their opinion into account.
What If the Court Refuses the Move?
If the court decides that relocation is not in the child’s best interests, the parent wanting to move will not be allowed to take the child abroad. This does not mean you cannot move yourself, but you would have to leave the child in the UK or work out alternative arrangements with the other parent.
What Happens If a Parent Moves Without Permission?
Taking a child abroad without the other parent’s agreement or a court order can be considered child abduction. If this happens:
The parent left behind can apply to the court for the child’s return.
International agreements like the Hague Convention may help bring the child back to the UK quickly.
How Can Parents Work Together?
International relocation can be challenging, but parents can often work together to find a solution. This might include:
Agreeing on regular visits, holidays, or video calls.
Working out a shared parenting schedule that allows the child to maintain strong relationships with both parents.
Using mediation to resolve disagreements without going to court.
How Canko Law Firm Can Help
At Canko Law Firm, we specialize in family law and international cases. We can help you with:
Legal Advice: Understanding your rights and options as a parent.
Mediation Support: Helping parents reach an agreement without court intervention.
Court Applications: Preparing and presenting your case if court approval is needed for relocation.
Cross-Border Issues: Assisting with international agreements and disputes involving the UK and Turkey.
Why Choose Canko Law Firm?
Child-Focused Approach: We always prioritize the child’s best interests.
Experienced Solicitors: We have extensive experience with international family law cases.
Cross-Border Expertise: As a dual-qualified law firm, we specialize in cases involving multiple countries.
Contact Us
If you are considering international relocation with your child or need help resolving a dispute about relocation, Canko Law Firm is here to guide you.
Contact us today to schedule a consultation and let us help you navigate this challenging process with confidence.
