Understand the legal process of international relocation with children after divorce, including leave to remove applications, court requirements, and expert guidance for parents planning to move abroad from the UK.
Understanding Leave to Remove Applications
A parent who wishes to permanently relocate abroad with their child after divorce must obtain permission from either the other parent or the court through a Leave to Remove application. This requirement exists even if they have primary custody through a Child Arrangements Order. The leading case of Payne v Payne [2001] EWCA Civ 166 established key principles that courts consider, although more recent cases like Re F (International Relocation Cases) [2015] EWCA Civ 882 have refined the approach to focus more explicitly on the child's best interests.
Court's Primary Considerations
The courts approach international relocation cases with careful consideration of multiple factors that affect the child's welfare. These include:
The realistic proposals for housing, education, and healthcare in the new country
The impact on the child's relationship with the left-behind parent
The applicant's motivation for the move
The effect on the primary carer if the move is refused
The potential benefits and detriments to the child
The proposals for maintaining contact with the left-behind parent
The child's wishes and feelings (depending on age and maturity)
Legal Process and Requirements
When seeking an international removal order, the applicant must present a comprehensive and well-prepared case to the court. The process typically begins with filing a C100 form along with a detailed statement outlining the reasons for relocation. As established in Re C (Internal Relocation) [2015] EWCA Civ 1305, the application must demonstrate careful consideration of all aspects of the child's life and future arrangements.
Impact on Existing Arrangements
Current custody arrangements must be carefully considered in relocation cases. The court will examine how the proposed move affects existing Child Arrangements Orders and whether modifications are necessary. They will also assess the feasibility of maintaining meaningful relationships between the child and both parents despite the geographical distance.
Evidence Requirements
Family law solicitors emphasize the importance of presenting comprehensive evidence to support a relocation application. This includes detailed information about practical arrangements in the new country, such as housing, schooling, healthcare, and employment opportunities. The court will scrutinize these arrangements to ensure they represent a genuine improvement in the child's circumstances.
Contact Arrangements
A crucial aspect of any successful relocation application is demonstrating how contact with the left-behind parent will be maintained. Modern technology, including video calls and messaging apps, can supplement face-to-face contact, but courts expect to see concrete proposals for regular physical contact during school holidays and other occasions. The financial implications of maintaining contact must also be addressed.
Role of CAFCASS
The Children and Family Court Advisory and Support Service (CAFCASS) often plays a significant role in international relocation cases. Their officers assess the impact of the proposed move on the child and provide independent recommendations to the court. Their evaluation includes speaking with both parents and, where appropriate, the child to understand the full implications of the relocation.
Emergency Situations and Prohibited Steps Orders
In cases where one parent fears the other may attempt to relocate without permission, they can apply for a Prohibited Steps Order to prevent international travel. The case of Re R (Children) [2016] EWCA Civ 1016 demonstrates the courts' approach to preventing unauthorized removal of children from the jurisdiction.
Professional Legal Support
Given the complexity of international relocation cases, seeking expert legal advice is crucial. Family law specialists can help prepare comprehensive applications, gather necessary evidence, and present compelling arguments to the court. They can also assist in negotiating with the other parent and exploring possible compromises.
Alternative Solutions
If you need an alternative solution for international relocation with children after divorce, sometimes, courts may suggest alternative arrangements that balance both parents' interests. This might include trial periods, staged moves, or creative contact arrangements. Mediation can also help parents reach agreements outside court, although any agreement should still be formalized through a court order.
International relocation with children after divorce is a complex legal matter requiring careful preparation and consideration. Success depends on demonstrating that the move is in the child's best interests while ensuring continuing relationships with both parents. Professional legal guidance is essential throughout this process.
CANKO Law Firm specializes in international family law matters, including leave to remove applications and international relocation cases. Our experienced team of family law specialists provides comprehensive support throughout the relocation process. We understand the sensitive nature of these cases and offer professional, empathetic guidance focused on achieving the best outcomes for children. Visit CANKO Law Firm for expert legal assistance.
