Removal from jurisdiction refers to the act of a parent or guardian taking a child out of the UK to live in another country, often following a divorce or separation. In legal terms, it’s usually associated with a parent wishing to relocate abroad with the child, which can raise complex issues when there are disputes about custody, access, or parental responsibility.

In the UK, if one parent wants to move abroad with the child, they need to obtain permission from the other parent, or from the court, especially if there is a child arrangements order or if parental responsibility is shared. The court’s primary concern is the child’s best interests and whether the proposed move will negatively impact their relationship with the other parent or their overall wellbeing.

There are many reasons why you or your ex-partner may want to remove your child from the jurisdiction, such as:

• You/they have family overseas that you/they want to be closer to
• You/they want to move back to your/their birth country and raise your child within that culture and language
• You/they have got a job in another country
• You/they want to go on a holiday or travel for longer than a month

Whatever the reason for the move, it is necessary to seek the consent of the other parent and anyone else with parental responsibility before removing a child from the jurisdiction. If consent is not acquired, it could be considered child abduction which can have both civil and criminal consequences. This applies whether there is a Child Arrangements Order in place or not.

The rights and responsibilities of looking after and raising a child are called parental responsibility. Anyone with parental responsibility has the right to have their say in decisions about the child, including whether they can be taken out of the jurisdiction.

Usually, it is just the child’s parents who have parental responsibility, but sometimes other people have it. For example, a grandparent could have it if there is a Child Arrangements Order naming that grandparent as the person the child should live with most of the time.

You do not lose parental responsibility by breaking up with your child’s other parent, even if they go to live with your ex-partner most of the time.
If you are not sure if you have parental responsibility, get in touch and we can provide advice.

Yes, if there is shared parental responsibility, and a child arrangements order is in place, or if the other parent does not consent to the move, you will need either their consent or permission from the court to remove the child from the jurisdiction.

• If the other parent agrees: If the parent with whom the child does not live agrees to the relocation, you do not need to go to court. However, you should get this agreement in writing.
• If the other parent disagrees: If the other parent does not agree to the move, you will need to apply to the family court for permission to relocate the child internationally.
• Without a formal order: Even if there is no child arrangements order, it’s still advisable to seek legal advice before removing the child from the country, especially if the other parent has shared parental responsibility.

When a parent applies to relocate a child internationally, the family court will consider a variety of factors, including:

• The child’s best interests: This is always the paramount concern. The court will consider how the relocation will affect the child’s emotional, physical, and educational development.
• The reasons for the move: The parent seeking to relocate must demonstrate that the move is in the best interests of the child. For example, it may be due to a new job opportunity, closer family support, or other positive reasons.
• The impact on the child’s relationship with the other parent: The court will evaluate how the move will affect the child’s relationship with the non-relocating parent. Will it result in the child having significantly less contact with them? How practical will contact be after the move (e.g., visits, phone calls)?
• The feasibility of maintaining contact: If the child is relocated, the court will assess whether the child can maintain a meaningful relationship with the non-relocating parent, considering the distance and costs of travel.
• The child’s views: If the child is old enough and mature enough to express their opinion, their views may be taken into consideration.

Yes, the non-relocating parent can object to the move and apply to the court to prevent the child from being taken out of the UK. If a child arrangements order is in place or if the non-relocating parent has parental responsibility, they can oppose the move by seeking a specific issue order from the family court.

The court will then review the case and decide whether the proposed relocation is in the child’s best interests, taking into account both parents’ positions. Even if the parent opposing the relocation does not have a child arrangements order, they can still seek a court order to prevent the removal of the child.

If one parent takes a child out of the UK without the consent of the other parent (or court approval), it may be considered child abduction under UK law, especially if the child is removed without the necessary legal permission or in violation of an existing child arrangements order.

• Legal consequences: The parent who removes the child without consent could face legal action, including the potential for the return of the child to the UK through international legal mechanisms, such as the Hague Convention on International Child Abduction.
• Preventive measures: If a parent fears that the other parent may unlawfully remove the child from the UK, they can seek an order preventing the removal of the child. This might involve applying to the court for a prohibited steps order or other protective orders.
• Seeking help: If you believe your child has been wrongfully removed from the UK, you should seek legal advice immediately and contact the authorities, including the police and your country’s central authority for child abduction cases.