Could Brexit Lead To Rise In Child Relocation Court Battles?

• As businesses consider moving their operations to mainland Europe, family lawyers say moving jobs abroad could lead to a rise in child relocation disputes
• More than half of 110,000 divorces each year involve children

Family lawyers at Irwin Mitchell Private Wealth say the number of child relocation disputes could rise if leading businesses leave the UK and relocate to continental Europe following the Brexit vote.

A survey by one leading consultancy indicated up to 20% of financial services roles could be moved from London to other European financial centres.  It has been reported that up to 80,000 jobs in investment banking, international payments transactions and trading could be affected, and might be followed by jobs in insurance and pharmaceutical companies. Several banks have also indicated they could move operations out of London following the vote to leave the EU.

There are more than 110,000 divorces each year with about half involving children. Family lawyers at Irwin Mitchell Private Wealth say large numbers of jobs moving to Europe will be disruptive for divorced couples who have settled childcare arrangements, and spark disputes over where children should live.

In 2015 almost 300,000 people emigrated from Britain and with many high-flying Britons already moving for work in countries such as Australia, Dubai, Canada and the USA, the potential for child relocation disputes post-Brexit is likely to rise.

Child relocation: how the law works

In England and Wales, a parent wishing to relocate abroad with a child must seek consent from the other parent (or any other person) with parental responsibility. If that consent is withheld, permission must be sought from the Court and the parent who wants to relocate would make an application for ‘leave to remove’.  If the other parent does not give their  consent and if the courts have not granted permission to relocate with the child, then removing the child permanently from England and Wales is seen as child abduction and likely to be viewed as a criminal offence.

Courts will look at several factors when considering whether a child should relocate abroad: 

• The Court’s primary concern is the welfare of the child. 
• Courts will use the welfare checklist, set out in the Children Act 1989. This includes the child’s wishes and feelings, which are given more weight as the child grows older
• The relocating parent’s motivation will also come under scrutiny and if there is an indication that the move is to curb contact, the permission of court will not be granted
• Relocations will need to be well planned and well researched with consideration given to schools and housing
• The relocating parent will need to show that they have thought about how the child will maintain a relationship with the “left-behind parent”.

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