Relocating to England with a child after divorce
Child relocation cases are complex, especially when moving across borders. Typically, permission is sought from the courts of the country where the child resides.
But what if you are stuck in an unhappy relationship with the parent of your child in a country which has no relocation jurisdiction (that is to say, there is no mechanism within the courts of that country to decide a relocation application, even if you were to try to ask for permission to leave)? Have you any chance of coming home to the UK with your child?
What is Inbound Relocation?
Inbound relocation, or so-called reverse relocation, refers to the situation where a parent relocates with their child to England.
There are examples of mothers who have in desperation fled to England with their children, intending for it to be a permanent move, and who have both sought and received permission for the relocation after the event from the English court. Or, as many would see it, they have sought and received forgiveness for what is, on any view, child abduction.
We at Expatriate Law have represented parents (mums) who have done these so-called reverse relocations, and those parents (dads) who woke up in country A, expecting to pick up their kids from their mother’s house for Saturday morning sports, only to receive a whatsapp message from their ex saying that they are at the airport about to embark on a new life in England.
Sometimes as we have said, this extreme risk-taking bears fruit, and these inbound relocations/removals without consent work and are “forgiven”.
Why might the English court approve abduction from another country?
Each case is fact-specific, but the courts’ primary concern is always the child’s welfare. Even when the abducting parent’s actions are condemned, the English courts carefully consider if the children’s welfare will be better served if they stay in England than if they being returned to their home country.
English courts will weigh the potential harm of returning the child to their home country, considering factors such as:
- The safety and behaviour of the left-behind parent (e.g., violence)
- The legal system’s ability to prioritise child welfare
- The parent’s ability to apply for permission to relocate in the country of origin
- The overall societal recognition of rights of one parents in the home country
- Any combination of the above
Legal Advice is Essential
Reverse relocations are terribly difficult cases. If you’re considering relocating to England, especially from a country with no legal framework for relocation, you should seek specialist legal advice immediately.