A decision by the parent who cares for a child to leave the country and move abroad is very likely to be opposed by the other parent. A parent who shares parental responsibility with another parent even if they are the parent with care of the child cannot remove the child from the jurisdiction without obtaining the other parents permission or permission from the court. If a parent removes the child from the country without obtaining the relevant permission the child will be treated as an ‘abducted’ child.

The court when faced with decisions whether to allow a child to leave will be particularly concerned with the impact on the parent with care of a refusal to grant permission and the impact on the child with not being able to leave with the parent who has control. The Court will try and ensure that contact with the other parent continues when the child is removed from the country although such contact will ultimately become more difficult and less frequent. Where a move abroad is motivated by a genuine desire to improve the life of the parent and the child the court will give very serious consideration to granting permission.

If an unmarried father does not have parental responsibility fears that the mother may remove the child he should apply to the court for parental responsibility immediately and the court may take steps to prevent such a removal until a decision has been reached about parental responsibility.

If a child is removed then abduction proceedings must be issued in the country where the child resides for an order for return of the child. In most European countries the rules of the Hague Convention applies which means that the court are more likely to order the return of a child as it allows the parent in the home country to be given an opportunity to be heard before the court in the new country makes a decision not to return a child. If the child is not returned permission is given for the parent in the home country to take the issue to the courts of the home country, seeking the help of their own court in obtaining the return of the child. If the court of the home country decides that the child must be returned then the court of the new country must respect and enforce, that order. The court when considering these issues must if possible hear the child’s views and take into account the child’s wishes and feelings. If a child is resident in another country it maybe more difficult as the rules of the new country will be applied.