What Should I Check before Moving Abroad with My Child?

Parental Responsibility and Contact with Children

Prepared by: Constantinople

A child living with one parent, or that parent holding custody, does not mean that relocation to another country is unrestricted in every case. A short trip and moving the child's centre of life abroad are assessed separately. Existing custody and contact orders, parental powers, consent and any necessary court permission must be checked together. Documents required for crossing a border do not, by themselves, establish that relocation complies with family law.

The child's best interests are central. School, health, daily care, safety and maintaining a relationship with the other parent must be addressed specifically. In international cases, habitual residence and applicable Hague conventions may affect which authority can decide. Neither mother nor father can be said to have automatic priority in every case. Hearing the child's views in accordance with age and maturity is also assessed under the relevant procedure.

Before finalising relocation plans, prepare copies of judgments, school and health information, the proposed address and correspondence showing the other parent's consent or objection. A paid written review assesses the existing judgments, consent or objection records and relocation plan together, identifying documentation and research needs affecting the sequence. Even where parents agree, the agreement's effects in the relevant countries are checked. If the child has already been taken or not returned, the matter should not be treated as ordinary travel planning; international return and protective routes should be considered promptly. Decisions should not be based solely on a plane ticket and passport.