One of the more prevalent cases of late for divorce solicitors is the issue of post-divorce emigration with a child whose parents are of different nationalities.

For a multitude of reasons, more children are being born to parents from different countries, but unfortunately the amount of relationship breakdowns is not decreasing. After a breakup, it is understandable that a parent will want to return to their home, to the support of their family and to a place they feel safe, but this isn’t always easy if a child enters the equation.

In the UK, consent from the other parent is required to leave the country with your child, even for a holiday. Criminal abduction charges can arise if you flaunt this obligation. This being the case, it is prudent for both parents to discuss the issue beforehand, although as you can imagine this is not always easy after a stressful breakup.

There are certain questions the other parent will want answered, and certain obligations on the mover. Assurances will need to be given that accommodation will be available and will meet a certain standard, that the child will have access to education, that financial resources will be available, and, perhaps most importantly, that the child’s contact with the other parent will not be interrupted. The more evidence that can be given to assure the other parent that these things will be in place on arrival, the more likely they are to consent to the move.

If the UK family court decides it is in the child’s best interest to move, despite lack of consent from one parent, they can override the decision. This option should not be relied on though, as much information and evidence will need to be given, similar to that discussed previously. It should be noted that the main concern of the court (and hopefully the parents) is the child’s welfare.

More information on this subject can be found at Pannone’s website, at http://www.pannone.com/services/family-personal-and-financial/family/divorce-solicitors-and-lawyers-at-pannone-llp

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