For English citizens who have married a foreign national or emigrated, relocating internationally with a child can present a complex set of legal challenges.

Whether seeking to return to England with a child or move to another country, parents must overcome differing legal frameworks, jurisdictional conflicts, and parental consent requirements.

If both parents do not agree on the move, judicial intervention may be necessary.

England and Wales – Child’s welfare as the paramount concern

In England & Wales, relocation cases fall under the Children Act 1989 (the Act), which prioritises the child’s welfare as the paramount consideration.

Courts follow a holistic welfare analysis rather than a strict test.

While Payne v Payne [2001] EWCA Civ 166 previously set out structured guidelines, recent case law has shifted focus to an individual assessment of each case. Key considerations include:

  1. The reasons for the proposed move and its impact on the child.
  2. The impact on the child’s relationship with the non-relocating parent.
  3. The child’s education, social environment, and emotional well-being in the new location.
  4. The feasibility of maintaining meaningful contact with the other parent.

A parent seeking to relocate from or return to England must obtain either the consent of the other parent or court approval.

If the move is contested, the court will carefully consider how the child’s welfare would be best served.

The United States – Varying state laws and parental rights

English citizens who have moved to the United States and wish to relocate with a child must deal with state-specific relocation laws.

While all US states apply the best-interests standard, the burden of proof differs. For example:

  1. In states like California, the non-relocating parent must demonstrate that the move would not be in the child’s best interests.
  2. In states like New York, the relocating parent must prove that the move benefits the child.

Additionally, courts in the US may scrutinise whether the relocation is motivated by limiting the other parent’s access, which can impact case outcomes.

Any English citizen considering moving to or from the US with a child should seek legal advice specific to the state in question.

The UAE – Restrictions under Sharia law

For English citizens who have married a UAE national or are living in the UAE, relocation disputes can be challenging due to Sharia-based custody laws under Federal Law No. 28 of 2005 (Personal Status Law).

The UAE distinguishes between:

  1. Custody (Hadana) – usually awarded to the mother for boys up to age 11 and girls up to age 13.
  2. Guardianship (Wilaya) – typically held by the father, giving him significant legal authority over major decisions.

A custodial mother wishing to relocate with a child will generally need the father’s consent.

Without this, the courts are unlikely to approve the move, and unauthorised relocation could result in legal consequences, including the loss of custody.

English citizens planning to leave the UAE with a child should seek expert legal advice to avoid potential legal and immigration issues.

France – Parental authority and judicial oversight

English citizens residing in France and seeking to relocate with a child must comply with the Code Civil.

The law requires the parent intending to move to obtain the other parent’s consent or a court order. Courts assess:

  1. The impact on the child’s relationship with both parents.
  2. The reasons for the move and the feasibility of continued contact.
  3. The child’s integration into a new environment (education, social ties, language barriers).

French courts place strong emphasis on ensuring that relocation does not harm the child’s relationship with both parents.

Parents must present a well-structured plan for post-relocation contact, including travel arrangements and remote communication.

Singapore – Stringent legal scrutiny

For English citizens living in Singapore, relocation cases fall under the Women’s Charter, with courts applying a strict best-interests test.

Parents seeking to relocate must demonstrate:

  1. That the move will not unduly disrupt the child’s stability.
  2. That the relocating parent can support and care for the child.
  3. That ongoing contact with the other parent can be maintained.

Singaporean courts often impose mirror orders – ensuring that the terms of an English or foreign court ruling are enforceable in Singapore – to prevent wrongful relocations.

Returning to England and Wales – Legal hurdles and parental consent

For English citizens seeking to return with a child after living abroad, securing consent from the other parent or obtaining a court order in the current jurisdiction is crucial.

Failure to do so may result in:

  1. Accusations of international child abduction under the Hague Convention on the Civil Aspects of International Child Abduction.
  2. Potential refusal of entry or legal action in the other country.
  3. Moving abroad from England – Securing legal approval

If an English citizen wishes to relocate abroad with a child, they must obtain either the consent of the other parent or a court order.

Factors influencing court decisions include:

  1. The benefits of the move (education, lifestyle, extended family support).
  2. The impact on the child’s relationship with the non-relocating parent.
  3. The feasibility of maintaining meaningful contact post-relocation.

The role of mirror orders in cross-border relocation

Mirror orders help ensure that a relocation ruling issued in one country is legally enforceable in another.

These orders:

  1. Prevent unilateral relocations by creating enforceable legal obligations.
  2. Maintain parental rights by ensuring access arrangements remain intact.
  3. Facilitate enforcement across jurisdictions, reducing the risk of non-compliance.

Mirror orders are, however, not automatically recognised in all jurisdictions, and some require additional legal steps to enforce them.

Relocating with a child across borders is a life-changing decision, and careful legal preparation is crucial to ensuring a smooth and legally sound transition.

If you are looking to relocate with your child to another country, or are attempting to prevent your child’s other parent from taking them, please contact Alison Green, Head of our Family & Relationship Team on alison.green@mackrell.com or 0207 240 0521.

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