Can I Stop My Ex Moving Abroad with our Child?
In today’s world, people are much more international. It is not uncommon for people to spend time working abroad or to have relationships with someone from another country. However, the international element can cause problems if the relationship ends and there are children involved.
Most couples who separate are able to come to an agreeable arrangement for their children, without the need for the help of solicitors, mediators or the court. Shared arrangements are becoming increasingly common, where the children spend similar amounts of time with their mother and father.
The further apart the parents live, however, the harder it is to make sure that the children have a full relationship with both parents, which is in their best interests. This is particularly difficult to achieve if one of the parents decides that they would like to move to another country with the children. This can be a real problem for the parent left behind, as it can leave them with very limited contact with their child.
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Your legal position
If you legally have ‘parental responsibility’ for a child, then the child’s other parent will normally need to get your permission before taking the child abroad. If you are the child’s mother, you will automatically have parental responsibility. If you are the father, you will likely have parental responsibility, depending on the circumstances.
This does not necessarily mean you can permanently stop the move if your ex is really determined to go, but it does mean you likely have options that can help you achieve a more positive outcome.
Under English law, nobody can take a child out of the jurisdiction of England and Wales without the permission of everyone who has parental responsibility because it would amount to child abduction.
If you Agree
If you have parental responsibility and your ex wants to take the child to live abroad, your ex needs your permission. If you are agreeable to this, it is always recommended to speak to a solicitor early on who can advise you on the process to obtain a court order confirming your agreement and also specifying your contact with the child once the child moves abroad.
If you Don’t Agree
If you do not agree to your child moving abroad, your ex will need to seek a court order known as a “Specific Issue” order, agreeing to her request. Every case of this nature is fact-specific, so it is important that you obtain specialist legal advice so that you present your case in the best possible light.
If the judge does agree to the child moving abroad, they will usually insist that the court order include details of the time that the child will spend with you. You will then be advised to obtain a "mirror" order in the country that the child is moving to.
If your ex takes the child abroad permanently without your prior consent, this is technically parental child abduction and there are international legal agreements with countries which would enable the safe return of the child to this country. If this happens you must contact a specialist lawyer immediately as it is important that an application is made to the court as soon as possible for the child's return.
Talking to your Ex
Wherever possible, it is advisable to discuss the issue with your ex in a non-confrontational way. Family mediation with a neutral mediator can make this process simpler and more effective, increasing the prospect of you finding a jointly agreeable solution.
Conclusion
Your rights and legal options will largely depend on your personal circumstances. It is therefore vital that you get expert legal advice at the earliest opportunity. This will give you the information you need to make the best choices for you and your children, ensuring your rights as a parent and your children’s best interests are safeguarded.
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