Moving Abroad With Child After Divorce

divorce or separation can often leave a parent feeling lonely and isolated, especially so if they have family abroad. Many may feel the need for a change by moving to a new country, or simply some may need to move abroad for employment reasons or because they now have met a new partner.


Where children are involved, choosing to move to a new country is difficult, especially when the other parent resides in the UK.


Both parents have Parental Responsibility and therefore have an automatic right to participate in major decisions concerning the child. If both parents can reach an agreement and resolve the time that the child will spend with “the left-behind parent”, then such an agreement can be embodied in a final Order without the need to resort to court. Parents should attempt mediation and/or collaboration in the first instance to resolve this difficult issue.


If agreement cannot be reached, then Shortlands’ expert lawyers, who have had years of experience in dealing with such cases in respect of various countries, can assist by offering expert advice. First and foremost, the law wants to ensure that the decision to relocate is one that is in the interests of the child. The law will seek to ensure that “the leaving parent” has thought through the process in detail by looking at how the child’s education, environment, social integration and economic security will be affected. Further, the time that the child will spend with “the left-behind parent” will need to be addressed in detail.


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Shortlands is a boutique family law firm with over 20 years of experience in dealing with the trials and tribulations of a divorce and all family law matters. As a result, we have become the first choice of family law specialists in London.

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Our professional and highly experienced team of family lawyers can assist you in your legal matters with full respect, ensuring you maintain a private family life. For more extensive advice and information, please email or call us 02076299905 or book an initial online consultation.

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Frequently Asked Questions

Talk to one another. Try to agree arrangements that best suit the children, that they will be comfortable with and that take into account their interests.

Have an initial meeting with a lawyer to explore the law and your rights. Then attempt mediation or collaboration.

If you live abroad and need to apply for a child custody order, the process will depend on your specific situation and the laws of the country where you reside.

First and foremost the Court is concerned with the Child’s interest and welfare. An arrangement will be reached that best suits the child’s welfare.

Between three to twelve months

The cost varies depending on the complexity of the case. At Shortlands we try to offer fixed fees for every stage of the process.

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