If you wish to take a child out of the UK either permanently to live or for a holiday you will need the consent of all persons with parental responsibility for your child. The only usual exception to this is where you have either a Child Arrangements Order which states that the child lives with you or a Residence Order in your favour in which case you can leave the UK for up to 28 days at a time without needing permission.
It is a good practise of course to make the other parent aware even if you do not need permission were you intend to remove a child from the UK for a holiday. If you do need permission and that permission is unreasonably withheld then you can apply to the court to obtain that permission to enable your holiday to go ahead.
If you wish to relocate permanently with a child and the other parent does not provide consent then you would need to make an application to the court for permission to be granted.
The court will consider plans to relocate very carefully. The most important considerations are the impact upon the relationship between the child and the remaining parent and the impact of refusal of permission on the parent wishing to relocate and therefore the impact on the child’s welfare.
If you wish to relocate with a child then the court will consider the motivation for the proposed move and will expect to see well researched and considered plans for enabling the child to continue to spend time with the remaining parent and plans for living, working and educational arrangements as well as the external support networks available to the family on relocation or that will remain.
If you would like to talk to us about issues around children overseas, then do please call to make an appointment for a free initial consultation.