Do I need consent from my ex-partner to move abroad with our child? 

Planning a move abroad can be a life changing decision requiring careful consideration. If there are children involved, the process can be even more complicated with far reaching consequences. It is therefore vital the proper process is followed and the necessary consent is obtained.

The short answer to the question is yes, you do need consent from your ex-partner to move abroad with your child if they have parental responsibility. Parental responsibility refers to the legal rights, duties, powers and authority a parent has for a child. It is automatically granted to the mother of the child and fathers will have parental responsibility if they were married to the mother at the time of the child’s birth or they are listed on the child’s birth certificate. Taking a child abroad without the permission of everyone with parental responsibility is considered child abduction and could result in criminal proceedings. Not only would this cause untold stress, but it would also likely have a negative impact on any future plans to move overseas.

If both parents agree to the move, the process is straightforward. The relocating parent should obtain written consent from the other parent, confirming details of the move and their permission. It is best practice to keep a copy of this written permission as it may be required by border authorities or in case of any disputes in the future.

If your ex-partner does not give consent, you will need to apply to the court for permission and it will be the court that makes the overall decision of whether the move can go ahead. When deciding whether to grant permission for a parent to move abroad with a child, the court considers several factors to ensure the child’s best interests are prioritized. These factors are not limited to but can include:

1. The child’s wishes and feelings, taking into account their age and maturity.
2. The child’s physical, emotional, and educational needs: how will the move impact these aspects of the child’s life?
3. The likely effect of the change in circumstances, with a focus on how the move will affect the child’s relationship with the non-relocating parent: can this be successfully maintained?

It is therefore crucial to follow the proper process to obtain the right consent if you are thinking about moving abroad with your child. As a best first step, come up with a practical plan for the move. Consider the various aspects such as the timing, for example will it impact your child’s schooling? Also, your financial situation and how you will support yourself and your child. Consider where you are planning on moving to and why. Will you have a support network where you are going and crucially, how will you maintain the relationship of the child with the other parent after the move. The second step is to seek legal advice as early on in the process as possible, to help achieve a successful outcome.