Taking your child out of England and Wales
You cannot take your child (under the age of 16) out of England and Wales without the consent of all others who have Parental Responsibility for your child or an order of the Court.
To do so may be a criminal offence under the Child Abduction Act 1984.
It is always sensible for you to discuss holiday plans with the other parent. If they will not agree to a reasonable request for a holiday then an application can be made by you to Court. This application is likely to succeed as long as it is reasonable and in your child’s best interest.
If a Residence Order is in force then the parent in whose favour the Residence Order is made may take the child out of the UK for up to 28 days without consent but they should still notify the other parent of their plans.
If you wish to move abroad with your child, the consent of the other parent will be required. Even if the other parent does not have Parental Responsibility, there should be consultation and agreement. This will enable proper plans to be put in place for your child’s ongoing relationship with the other parent and will prevent any last minute disruption to the move.
If the other parent objects to your child moving abroad the court will have to decide the matter and will take into account:
- the welfare of your child, which will be paramount
- your proposals about your wish to live abroad. These will be scrutinised with care. The court needs to be satisfied that there is a genuine motivation for the move and not the intention to bring contact between your child and the other parent to an end
- the effect of a refusal by the court to agree to your child moving abroad upon you and any new family of your child
- the effect upon your child of the denial of contact with the other parent and in some cases his or her family
- the opportunity for continuing contact between your child and the parent left behind
There is not a presumption that the parent who wishes to move abroad will be given permission to take the child with them but great weight is given to such proposals by the court. As long as your plans are reasonable, well thought out and genuinely motivated, permission is likely to be granted.
For more information about taking your child abroad and possible child abduction issues, click here or call us on 0800 840 4929. We are available to take your call twenty four hours a day, seven days a week.
