The answer to this question depends on how long you are wanting to take your child abroad for and whether there is a court order in place confirming with which parent your child lives.
- If you have a Child Arrangements order in place confirming that the child lives with you, you are legally allowed to take your child abroad for up to 28 days without the other parent’s permission.
- If there is no Child Arrangements order in place, then you need to obtain the other parent’s permission to take your child on holiday or, failing that, an order from the court.
What kind of application do I make to the court if the other parent is refusing to give permission to take my child on holiday?
- You can make an application to the court for a Specific Issue order using a C100 form for the court to decide about your proposed trip.
- You will need to attend a Mediation Information and Assessment Meeting (“MIAM”) before submitting your application;
- There are several exceptions to attending a MIAM including domestic abuse, child protection concerns, previous attendance of a MIAM, or specific reasons for urgency.
What if I want to take my child abroad permanently but the other parent refuses?
- If you want to permanently relocate with your child outside of the jurisdiction of England and Wales, and you are unable to obtain the permission of the other parent, you will need an order from the court granting you permission to do so.
What kind of application do I make to the court?
- You can make a relocation application, known as a “leave to remove” application, under section 8 of the Children Act 1989. This can be done using the C100 form for a Child Arrangements order that your child lives with you and a Specific Issue order for permission to permanently remove your child to another jurisdiction.
- If you are making any allegations of abuse against the other parent, you should also complete a C1A form alongside the C100 form.
What will the court consider?
- The court will want to have the full detailed plans of any proposal to relocate. You will need to consider information such as:
- Your reasons for the relocation;
- Details of any family/support network in the new country;
- Proposed living arrangements;
- Details of work that you expect to be doing including prospective salary;
- Details of the school that you propose your child attends;
- Details of any proposed healthcare arrangements;
- Details of your financial viability to relocate;
- Details of any immigration requirements;
- Details of any proposed plans of how your child will spend time with the left-behind parent (and any wider family).
- The court must consider a checklist of factors known as the “welfare checklist” pursuant to section 1(1) of the Children Act 1989 to help decide whether the relocation is in your child’s best interests. The court will take into account:
- the wishes and feeling of your child so far as they can be ascertained, and bearing in mind your child’s age and understanding;
- your child’s physical, emotional and educational needs;
- the likely effect on your child of any change in their circumstances;
- your child’s age, sex, background and relevant characteristics;
- the risk of your child suffering harm; and
- how capable each parent is of meeting your child’s needs.
These types of applications can be very complex if the other parent contests the application. These applications can take up to 6 months to 1 year before a decision is made or even longer if a Fact-Finding Hearing is necessary. This is when the court will consider all of the disputed allegations of domestic abuse and decide, on a balance of probabilities, whether the parent alleging abuse has proven their allegations.
It is recommended that you obtain specialist legal advice when considering a leave to remove application. We can discuss your eligibility for legal aid and advise you as to the prospects of success of your application. If you require further information about taking your child abroad, please contact the Family Team at [email protected].
