Sometimes when a relationship breaks down a partner may wish to relocate with the children to a place where they will have a strong support network or perhaps new career opportunity. This can in some cases be worked out with an agreement between a couple but in cases where the move is abroad, this can result in disputes that may end with criminal charges being brought if official permission has not been granted.
These criminal charges are not to be taken lightly and can even end up with the parent who took the child abroad without consent facing a trial. This is because it is classed as an offence under English law to remove a child from the country without the consent of all concerned.
This means that it is essential to obtain consent before making the decision to travel abroad with children even for a holiday.
Even if official consent it sought, a parent who does not wish for their children to be taken abroad can submit a defence against their children being taken abroad. It is then up to the court to decide if it is in the child’s best interests and their welfare will not be impacted by their relocation abroad.
This I why it is essential in these cases to obtain legal advice at the earliest stage to ensure that the reasons provided to the court for a child’s removal from the country will survive scrutiny.