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Useful Cyprus Information Cyprus Government Websites Currency Converter Cyprus Property News Limassol Marina CyprusNewsReport.comHow A Father May Stop His Child From Moving Abroad
Information for Cyprus Expats on how a father may stop his child from moving abroad
Lucy Loizou
Has the mother of your child/children indicated that she wants to permanently relocate to another country with them?
Has she issued Court proceedings due to the fact that you do not consent?
What can you do to stop her from going? Do any legal procedures need to be followed?
Introduction
Preparation is essential in the successful defence of an application to permanently relocate.
Applications for permission to move out of England and Wales (also known as leave to remove applications) have increased significantly as more and more people live and work abroad and form relationships with someone originating from another country.
Parents generally have freedom to move to another part of the United Kingdom with their child. Therefore, if you want to move within England, Wales, Scotland or Northern Ireland the other parent’s permission is not specifically required.
Moving Abroad
Taking a child abroad without the permission of the other parent and all those with parental responsibility or an Order of the Court is child abduction. Retaining a child abroad beyond a period agreed with the other parent and those with parental responsibility is also child abduction. Child abduction is a criminal offence.
If you have separated from your child’s mother and you do not have parental responsibility nor have any primary caring responsibilities, and no residence orders are in existence, then the mother can take your child out of the jurisdiction without your permission, including for a holiday or permanent removal.
However, this is not responsible parenting and is likely to attract the general disapproval of the Court.
If you fear that this may happen, you must seek urgent legal advice from a specialist family lawyer. There are various emergency Court applications that can be made to prevent a mother from leaving the jurisdiction with the child.
If you have separated from the child’s mother and you both have parental responsibility, but no residence orders are in existence, the your consent is required or permission of the Court to take the child outside of England and Wales.
If you have separated from the child’s mother and you both have parental responsibility but one parent has a residence order, the parent with the residence order may take the child abroad for up to one month without needing the permission of the other parent or permission of the Court.
You should take legal advice from a specialist family law solicitor to establish whether or not you have parental responsibility and also check whether a residence order has been granted.
I will not give the mother my consent to the proposed relocation. What now?
If this is the case, then she will need to consider making an application to the Court for permission to permanently relocate.
What will the Court take into account when considering her application?
The Courts’ approach in deciding cases these types of cases is mostly found in a number of reported cases. The leading case is Payne v Payne (2001).. The welfare of the child is the paramount consideration.
The Court has said that such cases are always extremely hard and difficult to determine as they cause a great deal of distress, particularly for the ‘left behind’ parent.
The Court also laid down some useful guidance when dealing with these types of applications. You should discuss the test/ guidance with a specialist family lawyer.
What can I do defend the mother’s application to the Court?
The Court will be looking to see how carefully the mother has thought through her plans to relocate with the child.
Although your first reaction may be to oppose the relocation application vigorously and aggressively, you need to carefully consider the prospects of success with your lawyer and whether the move is likely to be in the best interests of the child.
Consideration will need to be given to the present contact/care arrangements and your relationship with the child.
It may be better in some cases not to oppose but instead put your energy and legal representation into ensuring very good future contact before the relocation goes ahead.
Many relocation applications do go ahead and it is possible to oppose them successfully. Again, preparation is very important. To support your case you can do the following:
1. Consider what more you could offer the child/children if they were to continue to live in this country.
2. Show how stable the children are at school using school reports to show good progress.
3. Exhibit letters from the school and/or other educational advisors to show that the move may/will have a detrimental effect on the child/children.
4. Show the close family network of support that you and your child/children have in this country.
5. Show the friends and other support networks that your child/children have in this country.
6. Set out the things that the child/children will miss, for example sports teams and other clubs,
7. Show the impact on the wider family including grandparents.
Also, it is possible to plan ahead at the time you separate with your child/children’s mother to minimise the risk of a subsequent relocation application. You should discuss this with your lawyer as soon as possible as the tactical position is very important in the early stages of a case.
As can be seen, there are a number considerations to take into account when a permanent move abroad is on the cards. You should always seek independent legal advice to ensure you obtain the best result.
© Lucy Loizou - Family Lawyer
International Family Law Group website
A Cyprus Expat Information Article. If you are a professional or an entity, and would like to write articles for our websire, please contact us here
Updated 22 April 2012
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