going abroad with children - what if it's not all plain
sailing?
Often when people think about a move abroad their mind is
occupied by practical and emotional issues at the time they depart.
From a Family lawyer's perspective, the more difficult issues can
be the legal consequences of that move, particularly if there are
children involved. Here we look at some of the key
considerations.
As we have previously outlined (see 'making a clean
break'), when deciding to emigrate with children, the need for
another person's consent must not be overlooked, but often is. When
parents are separated/divorce, the consent of the other parent is
required before the visa application can even start. If the
non-resident parent does not agree to the move or consent to the
immigration, a court application is required so that an order can
be obtained allowing their children to be lawfully removed from the
jurisdiction.
In determining if the application should be granted, the court
has to review the current arrangements, the contact in place and
the plans and proposals for the future. In assessing this it is
helpful for the court to have as much information as possible about
the planned emigration as this will help them determine if the move
in the child's best interest. See the second case study
in 'our experience' for a
more in depth review of the kind of reassurances that the court
will be looking for.
what can you do?
- Before you take any practical steps to move, think about these
issues and seek legal advice on the steps that can be taken to
protect yourself beforehand.
- Remember that the rights and responsibilities of parents can be
altered when one moves abroad.
- Ensure before leaving that you are aware of the financial and
practical consequences for you and your family when moving a child
from the jurisdiction and whilst you're living abroad.
