Legal Update: Legal Q&A -Taking a child abroad after relationship breakdown

I want to move abroad to start a new life. Would I need consent from my child’s other parent if I want to take my child with me?

Unless there is a court order that says otherwise, you will need to obtain the consent of your child’s other parent. If this is not likely to be possible, you could also try to get approval from the court to move away with the child.

The general rule is that the other parent should be notified well in advance about your plans to move. You may have received a court order that specifies the length of time you need to give to the other parent in order to move away. This is mandatory and must be followed.

Even if the court order you have does not specify notifying the other parent, it is a good idea to inform them well before making the plans to move. In terms of maintaining the relationship with the other parent, it is sensible to explain your reasons for moving, the benefits it may have for you and the child, and most importantly how you plan to maintain and foster the relationship between the other parent and your child. The other parent will then be able to express his or her views.

Going through your reasons for the move may allow you and the other parent to come to an agreement about plans for the move. If you do agree on plans, be sure to put the terms of your new agreement in writing and to get a new court order that reflects all the changes.

Do you have any questions? Email them to clc@essex.ac.uk
or call the Child Law Advice Line on 08088 020 008,
The National Education Line on 0845 345 4345,
Or visit www.childrenslegalcentre.com