James Maguire discusses international child relocation

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• published: 06 Oct 2011
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James Maguire & Co http://www.family-law.co.uk/Child-Relocation International Child Relocation In this video clip I am now going to talk about the international relocation of children. We are often instructed to deal with a case where a parent wants to leave England and Wales and move to another country and take the children with them. A common example could be whereby we are contacted by, say, a US mother who unfortunately the marriage has broken down and wishes to relocate back to what she would see to be her home country and to take the children with her. Now what can she do in such a situation. Well the first thing is that she can't take the law into her own hands so she must look at these issues properly. Again advice should be taken but fundamentally and by way of an overview she should be seeking the permission of the father. That is particularly relevant where he would have parental responsibility for the children. Now if his consent is forthcoming it should be in writing and then arrangements can be made for that relocation. In a lot of cases and for a number of different reasons the consent is not forthcoming and there what the mother must do is make an application to the English Court to seek the Court's permission to the relocation. I have talked in an earlier clip about children cases generally dealing with residence and contact and the welfare checklist. Fundamentally here the welfare checklist applies and we are looking at what is in the best interests of the children and that is obviously quite wide and is quite specific to each case. The mother might say, for example, that she wishes to return home, if she is not allowed to return home she will be unhappy in this country and the child or children living with her will be unhappy as a consequence. Equally the father will say that he will be left behind and the contact will be limited due to the geographical distance and so on. There may be education issues that arise and maybe the cost of travel and the practicalities. What we need to do is look at it and we need to have a plan of action depending on whom we are instructed by. Certainly when acting for a mother in that type of example we need to look at what her plan of action is: where is she relocating to; where will she be living; what are the relevant costs involved; where will the children go to school; what are the local facilities and amenities and often advice is needed in that foreign jurisdiction because it is important to look at her plans for contact to the father and how that is going to be progressed over time and how that can work. On occasions there is also the need to obtain mirror orders to ensure that any order by an English Court is capable of recognition and enforcement in that other country. Ultimately if matters are not agreed and a Court will have to get involved and it may direct a welfare report and will decide matters by hearing the evidence of the parties. The leading case is that of Payne and Payne which historically has said that if the mother's plans are well thought out and in the best interests of the children then the Court ought to let her relocate. That has been subject to some recent debate and there have been a number of cases where the Court has now been now more resistant to simply rubber stamping a mother's plans to relocate. It has never been a rubber stamping exercise. I should emphasise that but each case is very much in fact specific and individual and needs to be treated as such. James Maguire & Co is a specialist firm of Family Law and Divorce law solicitors based in Wilmslow, Cheshire. We offer legal advice to parties going through a divorce including the financial issues which flow from this (including pensions), linked business issues, international aspects and any relevant issues concerning the children. We advise clients in the Wilmslow area and also to the surrounding areas of Alderley Edge, Bramhall, Hale, Altrincham, Manchester and the North West. We are also able to act for clients nationally and internationally subject to the jurisdiction of England and Wales. For advice please contact James Maguire by telephone +44 (0) 1625 529456 or by email james.maguire@family-law