Moving to England with your family can be an exciting adventure, but it also involves navigating complex legal requirements, especially when it involves children.
If your relationship breaks down whilst you are in England it can become can become a legal and emotional minefield. If you’re planning a move to England, here are some essential points to consider.
Travelling with Children
- Parental Responsibility
- Parents with parental responsibility (in England this would typically be acquired through marriage, birth registration, or court orders) must have the consent of the other parent before taking a child out of the country, even for a short trip if there is no court order confirming such arrangements.
- Without consent, even a holiday abroad could lead to legal complications.
- Travelling Solo with Children
- In particular if you’re an unmarried parent or have a different surname from your child, you should carry a permission to travel document signed by the other parent, as well as your child’s birth certificate. This can also apply even if you have the same surname as the child if travelling without the other parent.
- These documents can help avoid delays or issues at border control, whether the parents are separated or not.
- Legal Advice
- Before making any decisions about relocating with children, it’s crucial to obtain specialist legal advice to understand your rights and obligations.
Relationship Breakdown
- Jurisdiction
- Once in the UK, children, including those who are overseas nationals can acquire habitual residence. Simply by virtue of their being present in England means they fall under the jurisdiction of English courts.
- Consent
- One parent cannot relocate a child permanently, whether within England or to another country, without the other parent’s consent. This applies even if the move is to return to a parent’s or indeed a child’s ” home” country.
- Child Abduction Risks
- Removing a child from their place of habitual residence without the other parent’s consent is considered to be child abduction.
- Being “Stuck”
- If one parent objects to allowing a return to a “home” country, the other parent may feel trapped. Legal avenues, such as seeking court permission to move, may be necessary. Moving without permission can lead to severe legal consequences. The English courts are however reluctant to allow a child to move if that damages the relationship they have with the “left behind” parent.
Child Arrangements After Divorce or Separation
- Court Involvement
- Courts only intervene in child arrangements if parents are unable to agree.
- Where there is disagreement, courts can make orders about where the children live, how much time they spend with each parent, schooling, or holidays. This includes children who are foreign nationals if they are present in England.
- Child Arrangements
- The term “custody” is no longer used. Both parents continue to share Parental Responsibility (decision making) for a child upon a separation / divorce and are to consult each other on the major decisions in a child’s life. The courts can deal with the practical child arrangements, i.e. decisions about where children live and with who they spend their time.
- Welfare
- The court considers the children’s emotional and financial needs above all else. Experts like CAFCASS or independent social workers may be involved to assess the children’s best interests.
- Presumption of Involvement
- Courts typically presume that both parents will be involved in a child’s upbringing unless there are welfare concerns. Shared care arrangements are becoming increasingly common.
If you’re considering relocation to England or facing disputes regarding your children once in England, consulting an experienced family solicitor can help you make informed decisions and protect your family’s best interests.
Need tailored advice? Contact Helen Pidgeon Solicitors to discuss your situation.
