Moving Away With Kids
A parent who wants to move his or her child from England and Wales, to live abroad that is, must first obtain written agreement of the other parent if they has parental responsibility. That comes first. However, how do you know if you have it?
Mothers always have parental responsibility. Fathers have only have it if they are married to the mother when the child is born, but not otherwise. If two or more people have Parental Responsibility, then they can exercise their Parental Responsibility independently without the consent of the other parent or whoever has Parental Responsibility. If agreement cannot be reached about something as large as where a child will be raised, then the court should be asked to intervene and decide the matter and make a Specific Issues Order
If consent from both parents with parental responsibility is not available, that is to say that the other parent objects to the child being taken to live in another country then it will be necessary to apply to the Court for permission.
A Court will take applications to move a child permanently out of England and Wales very seriously. Fast and hasty decisions will not be made, it is essential to put well thought through and well developed proposals before the court to explain it is in the child's best interest to leave England and Wales. It will in all cases be very necessary to put forward proposals to make sure that contact with both parents can continue and also that a system is in place to allow a return to the UK should it be needed.
It is a criminal offence to take a child out of the UK and the jurisdiction of the Court without the court allowing it if the other parent who has parental responsibility will not. A parent who is in a situation where the paremt of their child is threatening to remove their child from the UK should immediately apply to the Court for a Prohibited Steps Order. This kind of order can restrict the parent from taking steps for certain actions like taking a child to move abroad. You can apply for these even without parental responsibibility.
If you want to read more about this then there is further information here
www.legal-zone.co.uk/DIY/Child/Moving-Away-With-A-Child
Or if you need to apply for a prohibited steps order this is a very useful guide to help you do it yourself:
www.legal-zone.co.uk/DIY/Child/Prohibited-Actions
Mothers always have parental responsibility. Fathers have only have it if they are married to the mother when the child is born, but not otherwise. If two or more people have Parental Responsibility, then they can exercise their Parental Responsibility independently without the consent of the other parent or whoever has Parental Responsibility. If agreement cannot be reached about something as large as where a child will be raised, then the court should be asked to intervene and decide the matter and make a Specific Issues Order
If consent from both parents with parental responsibility is not available, that is to say that the other parent objects to the child being taken to live in another country then it will be necessary to apply to the Court for permission.
A Court will take applications to move a child permanently out of England and Wales very seriously. Fast and hasty decisions will not be made, it is essential to put well thought through and well developed proposals before the court to explain it is in the child's best interest to leave England and Wales. It will in all cases be very necessary to put forward proposals to make sure that contact with both parents can continue and also that a system is in place to allow a return to the UK should it be needed.
It is a criminal offence to take a child out of the UK and the jurisdiction of the Court without the court allowing it if the other parent who has parental responsibility will not. A parent who is in a situation where the paremt of their child is threatening to remove their child from the UK should immediately apply to the Court for a Prohibited Steps Order. This kind of order can restrict the parent from taking steps for certain actions like taking a child to move abroad. You can apply for these even without parental responsibibility.
If you want to read more about this then there is further information here
www.legal-zone.co.uk/DIY/Child/Moving-Away-With-A-Child
Or if you need to apply for a prohibited steps order this is a very useful guide to help you do it yourself:
www.legal-zone.co.uk/DIY/Child/Prohibited-Actions
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