Joint parental responsibility question

Hello,

If there is no legal paperwork pertaining to child custody and it is assumed to be 50/50, what happens if one party immigrates and the child lives with one parent that they have requested to live with?

Will the said parent be taken to court?

Thanks.

I think they did away with child custody and it’s now parental responsibility.
As a parent you are responsible for your child’s upbringing and costs.
In reality it is a farce.
I’m guessing if you are ‘Emigrating’ with your child the other parent will still need to see them and pay for their upkeep.
You will have to come to an arrangement between yourselves.
I’m guessing if you don’t and just emigrate, it could cause problems and the other parent could exercise their right and take necessary steps to change things?
Perhaps someone with proper legal knowledge can answer?

Firstly, thank you for your reply.

Secondly, you are absolutely right when you say in reality it is a farce. I've been divorced just over five years and in that time, my ex has taken the children for one week, in five years. One week out of 60 potential school holiday weeks......

"I’m guessing if you don’t and just emigrate, it could cause problems and the other parent could exercise their right and take necessary steps to change things?

Perhaps someone with proper legal knowledge can answer?"

Yes, that is exactly what I want to know.

Can anyone help pleae?

For a parent to take a child out of the UK, they would require either leave from the court (permission granted in a court order), or consent from the other parent with PR. Removing a child from the UK without either of these is child abduction.

If a parent simply ups and leaves with a child, then the parent could well be ordered by the court to return the child (if the parent has relocated to a country that has signed up to the Hague Convention).

I usually advise those wishing to relocate to put together a "relocation package" which sets out the criteria below (in italics) in relation to your child; this will give him something concrete to consider, and may provide reassurances to him that this is not an attempt by you to cut contact. If he still doesn''t consent, then you can use the relocation package as part of your position statement in court proceedings.

LTR proceedings may take around 6 months - or longer. Your child's ages will taken into consideration, and their wishes will also be considered by the Court.

You need to do your research thoroughly, put together your arguments for moving - and why this relocation is in your child''s best interests - keep absolutely everything child-focused; allow your ex some time to digest your proposal (and expect him to lash out and be difficult because the chances are he will - and refuse you consent). You can then use your arguments - which will include a very comprehensive parenting time plan and how you will encourage and facilitate your child's relationship with thier father - as part of your application for leave to remove. The application is made for a Specific Issues Order under Section 8 of the Children Act or under Section 13 and is made using Form C100 and you will have to pay a fee of £215. In contrast to contact applications, there is no requirement to seek mediation. An LRT case involves overriding the parental responsibility of the respondent parent and the applicant therefore has to show why the Court should do this. The overruling principle is that if the proposed move is ‘reasonable’, for the respondent to withhold consent is ‘unreasonable’ and leave to remove should only be refused if it can clearly be shown that the child’s interests are incompatible with those of the resident, applicant, parent. Incompatibility of interests will depend on two questions:

1. The effect of removal on the child’s relationships with those left behind (this includes paternal family not just Dad)

2. Conditions in the host country.


You need to assemble your arguments carefully, following the above guidance - and remember, you need to demonstrate that the move abroad is in your children''s best interests (or that remaining in this country isn''t) - it''s not about you or your wishes because there is nothing to stop you yourself from moving abroad without the children - the application and your arguments must be child-focused at all times.

There are 8 criteria that the Court requires to be satisfied when considering an application for LTR.


1. The welfare of the child is always paramount, so all aspects of the welfare checklist must be considered, and the child be given the opportunity to express his feelings.

Your guide throughout must be the paramountcy principle and the elements of the welfare checklist.

You must show that the benefits of removing the child from the jurisdiction outweigh any damage caused by moving the child away from teachers, friends, other relatives, and, of course, the other parent.

You must show that your child fully understands all the implications of the move and has been given the opportunity to express his views and hasn’t been bullied.

2. There is no presumption created by s.13(1)(b) in favour of the applicant parent.

Simply being the parent who has the majority of time does not give him/her an automatic right to remove the child from the jurisdiction; s/he still have to prove their case.

3. The proposals for relocation must be practical and include measures for ensuring continued adequate contact with the other parent.

You must show you have considered all the implications of removal from the jurisdiction fully, including:

a) Proposals for the child’s living arrangements.

b) Arrangements for the child to remain in contact with the other parent. How will they travel? Where will they stay? Who will pay for this?

c) Arrangements for supplying the child’s financial needs.

d) Finalised arrangements for the child’s education – is there a firm offer of a school place? Is this the right place for your child? Is your child at a point in her education where a move will be disruptive? Did you involve the other parent in the decision? Were they consulted on alternatives? Have you sent them full details of the school including prospectus and syllabus?

e) Is your child involved in other activities – sporting or artistic, for example – which will be disrupted? Will she be able to continue these? What about sports teams, drama societies, orchestras, etc.?

f) Can your child speak the language of the new country? What measures will be taken to ensure she learns?

g) Have you registered your child with a doctor, dentist, optician, etc. Does your child have any special health needs?

h) An account of your reasons for wishing to move abroad – family, marriage, job, etc.

i) Evidence of the financial viability of the plan, including firm job offers.

j) Evidence of the accommodation, including address, pictures and estate agent’s particulars.

k) Evidence of links to the new country – family, etc.

l) Evidence of social opportunities and network.

m) Evidence that Court Orders made in the UK will be recognised and enforced in the new country.

n) Expert evidence of the psychological and developmental effects of removal on the child.

4. Consequently, the proposals have to be scrutinised with care and the Court needs to be satisfied that there is a genuine motivation for the move and not the intention to bring contact between the child and the other parent to an end.

You must demonstrate genuine reasons for wanting to move your child abroad and that this is not merely an attempt to obstruct contact. A history of obstructed contact may count against you.

5. The Court must consider the effect upon the applicant parent and the new family of the child of a refusal of leave.

You must show that a refusal of your application will impact psychologically on yourself and your parenting ability. Show how it will damage your career prospects and financial status. Show that it will affect members of your extended family, perhaps your partner’s children, etc.

6. The Court must consider the effect upon the child of the denial of contact with the other parent and in some cases his wider family.

Ideally you need to show that contact between the child and the other parent has broken down and that the other parent is no longer involved.

7. The Court must consider the arrangements for ensuring continuing contact between the child and the remaining parent.

You must show detailed, costed arrangements for continuing contact both with the ‘left behind’ parent and with the extended family. They must be practical and affordable.

IF you are the parent who is being left behind, then you need to ensure that the other parent doesn't just up and leave. You could make an application for a Prohibited Steps Order to prevent the parent from removing your child from the UK.

Thank you Sylvia, for your detailed reply.

I'm sorry but I have not made myself clear at all.

What if my son expresses the preference to live with his father in the UK, and I live abroad?

Where do I stand with that arrangement?

Thank you in advance.

How old is your son?

He is 10 and in his final year of primary school.