International child relocation

After a divorce or separation, one partner may want to relocate to another country with the children. This is generally acceptable if both parents agree. But what can you do if you don’t want your children to relocate? Our solicitors can help.

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Going overseas with your children

If you have parental responsibility for your children, then the other parent cannot take your children abroad without your consent. Even if it’s just for a short holiday, both parents with parental responsibility must agree that the child can go.

Normally, this isn’t a problem for a short holiday. If you are opposed to the idea though, please get in touch with us and we can discuss your options.

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Living abroad with your children

Do you want to take your children to live abroad with you? After a divorce, one parent may want to live in another country, and take the children. That leaves the other parent with limited contact with the children if they choose to remain in the UK.

It’s possible to do this, if the other parent agrees. If you have their consent, then you’re free to live abroad with your children.

If the other parent doesn’t agree, then we can help you access the legal route to make it happen.

You may have to go to court to apply for ‘Leave to Remove’.

Part of the process is preparing a detailed plan about the child’s new life, including their living arrangements, education, healthcare, social support, and holidays.

The judge considers your plan, the other parent’s side of the story, and what’s best for the child. If Leave to Remove is granted, then you may live abroad with your children.

Can you stop your partner taking your children?

Perhaps your partner has asked to take your children to live abroad and you don’t want them to go.

You have a legal right to oppose your ex-partner’s choice to live overseas permanently with your children. Without your permission, it could be child abduction.

One of the things we can do is to apply for a Prohibited Steps Order. This is an urgent order to stop someone immediately from making decisions about your children.

Your partner may choose to apply to court for permission to leave the country and take the children. This is a longer process and may involve a court hearing.

We can help you prepare your witness statement for the hearing and guide you through the process to give you the best chance of keeping your children in the country.

Our international expertise

At KJS, we have extensive experience in international child location.

We can help you prepare your case, and explain the implications of your decisions. For example, when a child lives in another country, they come under the jurisdiction of that country. That affects future legal decisions and the enforcement of court orders.

We explain how that impacts your circumstances so that you can make informed decisions. Derek is arecognised expert in International Child Abduction Law.

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Outstanding Divorce Support from Mr Derek Parsons His guidance made a difficult process much less stressful, and I felt reassured knowing my case was in capable hands. I would highly recommend Mr Parsons and the team at K J Smith Solicitors to anyone in n

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We offer a free 45-minute consultation to answer your questions and discuss how we can help. We listen to your situation and suggest the legal route that we might take if you instruct us. There's no cost to this first consultation, and no obligation to take it further if you don't want to. Simply come in for a chat and see if we can help.

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Awards & Recognitions

We’re recognised by the Legal 500 as a Leading Firm in a number of practice areas. That means that an external, objective body has scrutinised our competency and client reviews, and found us to be one of the top family law practices in the UK.

Our lawyers are members of Resolution, so we are committed to a Code of Practice which promotes a constructive approach to family issues that considers the needs of the whole family.