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Ex Wants to Take Child to Live in an EU Country: What Are My Rights?

By: Guest Article - Updated: 27 Feb 2024 | comments*Discuss
 
Guest Article Child Eu Father Birth

People are much more international now. It is not uncommon for people to spend periods of time working abroad or to have relationships with someone from another country. International families are now common, but the international element can cause problems if the relationship ends and there are children. What if one parent wants to take the children to live in another country?

Thankfully most couples who separate are able to agree arrangements for their children between them, without the need for the help of solicitors, mediators or the court. Shared arrangements are becoming increasingly common, where the children spend similar amounts of time with their mother and father. Obviously this requires an element of cooperation between the parents and usually a close geographical proximity for it to work. The further apart the parents live the harder it is to make sure that the children have a full relationship with both parents, which is in their best interests in the vast majority of cases. This is particularly difficult to achieve if one of the parents decides that they would like to move to another country with the children. Given how easy it is to move within the EU, this is happening more and more. If this happens it is important that you know your legal position.

Do you have parental responsibility?

The first thing you must consider is do you have parental responsibility for your child? This allows you to have a say in the important decisions in your child's life, such as consenting to medical treatment, and more importantly, as in this case, a say in whether your child can move abroad permanently with your ex. As the law stands at present, all mothers automatically have parental responsibility for their child as soon as they are born. All father's married to the mother of their child also automatically have parental responsibility. Unmarried fathers whose child was born before 1st December 2003 do not have parental responsibility for their child unless it is formally granted by the court or a formal agreement is entered into with the child's mother in a prescribed form. Thankfully the law was changed in 2003, to take into account the fact that many unmarried couples now have children, and any father named on the birth certificate of a child born on or after 1st December 2003 automatically has parental responsibility for that child. If you are not named on your child's birth certificate as the father, you can obtain parental responsibility with the agreement of your child's mother or through the court.

If you have parental responsibility and your ex wants to take the child to live abroad, your ex needs your permission. If you are agreeable to this, it is always recommended that you obtain a court order confirming your agreement and also detailing your contact with the child once the child moves abroad. Once the English court order has been made, a "mirror" order should be obtained from a court in the EU country that the child is moving to, as once the child moves abroad, any issues regarding the child would be dealt with by a court in the country where the child lives and not by an English court. You will need a lawyer in the country that your child is moving to, to deal with this. Although this can be expensive and time consuming, if your ex later reneges on the agreement you will find it much easier to deal with this issue in the foreign court as there will be a formal record of the arrangements that were agreed.

What if you do not agree?

If you do not agree to your child moving abroad, your ex will need to apply to court and ask the court to make an order agreeing to her request. Every case of this nature is fact specific, so it is important that you obtain specialist legal advice so that you present your case in the best possible light to the judge. If the judge does agree to the child moving abroad, they will usually insist that the court order include details of the time that the child will spend with you. You will then be advised to obtain a "mirror" order in the country that the child is moving to.

If your ex takes the child abroad permanently without your consent, this is technically parental child abduction and there are international legal agreements between Britain and the other EU countries, which would hopefully facilitate the return of the child to this country. If this happens you must contact a specialist lawyer immediately as it is important that an application is made to court as soon as possible for the child's return. Once the child has been returned, the English court will have to decide if it is appropriate for the child to move abroad permanently with your ex.

If you are separated from your child's mother, there will inevitably be many issues that arise regarding your child. Hopefully you will be able to deal with these between you, but if not it is important that you obtain the advice of a specialist family lawyer, which will then enable you to consider the best way forward for you and your child.

About the Author

This was a guest blog written by Fiona Wood, Family Law partner at specialist divorce solicitors, Pannone Law Group.

Check out the Separated Dads Forum... It's a great resource where you can ask for advice on topics including Child Access, Maintenance, CAFCASS, Fathers Rights, Court, Behaviour or simply to have a chat with other dads.

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oliviastephen02 - 27-Feb-24 @ 8:24 AM
Did anyone move with the child from France to Uk with out father Permission? I have 3years old daughter i have Residence visa in France my daughter she’s French how father he’s French! I got married last week my husband livening In London! So I am going to move with my daughter but my daughter father he doesn’t agree he don’t won’t me to move with my daughter he told me to give him and go I have no Idea what I’m going to do please I need help! Thanks for help.
Mesi - 14-May-21 @ 12:17 AM
I am living in NL and my ex partner became pregnant accidentally just before we broke up. She lives in the UK. I don’t particularly want to spend time with her as I find her annoying but she says she won’t let me see the baby without her around. She’s giving me a choice now: either withdraw all involvement or committ to spending a week per month with her and commit to not showing any other partner the baby . I am not sure she’s trying to manipulate me to not have another partner . Or if what she’s asking is reasonable? What do you think ?
Freespirit24 - 26-Apr-21 @ 10:18 AM
I have a daughter with my ex from another country. My daughter is a uk citizen. As she wants to go back to her native country I’ve applied for residency of my daughter. I understand there will now be a Section 7 report conducted. My ex will need to supply evidence that she can provide for my daughter but I know this will be fictional. What can I do? Can I ask Cafcass to look into the legitimacy of her evidence
Matty - 19-Apr-21 @ 10:20 PM
I have 50/50 shared custody with my son but would like to move away to Scotland to be with my family for more support as my ex has all his family and life here . Not sure if point going to court as unsure Iv a chance of taking them as he’s so against it .Any advice anyone been through the same?Im scottish and he’s English could commute to see kids .Also he keeps leaving kids at grandparents on his time with the kids constantly .
J9 - 10-Apr-21 @ 9:58 AM
Hi, everyone Iam living in UK I married my wife 8 years ago. We have son who is 7 years old, my wife told me. She is going to study for 8 months. Now she changed her mind, she is saying she don't have intention to come back. So whatI need to do to get my son back she went to EU countrys, my son born in UK, I have his birth Certificate.
Shan - 3-Jan-21 @ 1:26 PM
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Jessica jones - 30-Dec-20 @ 5:30 PM
Hi, I’m English and having a Spanish baby girl. I’m currently discussing with my boyfriend if we should have the baby in the UK before moving to Spain. We are very happy and not planning on splitting up but it’s been brought to my attention that if the baby is born in Spain, I won’t be able to leave without his permission should anything happen to the relationship and I wanted to return to the UK. I just want some advice if anyone has experienced this and if you can offer me any advice to where I should have my baby. I don’t think anything will happen but you never know and I don’t want to be trapped should it fail. Thank you K
Kay - 8-Dec-20 @ 12:09 AM
Hi did anyone move with the child to a different country without the child's father? How do your visitation schedules look like then? How old was the child at that time and did the visitation schedules change when they got older? Thanks for the help!
melissa - 24-Nov-20 @ 7:53 AM
Hi, my son have British passport and his father wants me out of his house , since I would never leave our son and can't find new home straight away, can I return back to my country without his consent? He is abusive and couldn't be less careless regarding our son
Ana - 11-Nov-20 @ 4:14 AM
Does this change if 3 people have PR. So the 2 people that want to move away do not agree with the 3rd person, do they still have to go to court.
Mrcjs - 10-Nov-20 @ 1:29 PM
My son is still married to his wife and they have a 2 year older son. His wife doesn’t like me and she has refused to let him bring their son to visit me. We all live in the UK. To keep the peace at home, my son have gave in and visited me on two separate occasions without my grandchild. This is very upsetting for me and my son. Does my daughter-in-law has the legal right to stop her husband from bringing their son to visit me?
Harimau - 8-Nov-20 @ 2:59 AM
If both parents reside in UK (divorced) but the child lives abroad with another family member, does child support still have to be paid?Also if one of the parents are against the move can the other parent still agree for the child to live abroad?
Fluff - 3-Sep-20 @ 10:58 PM
My son has not seen his child in over 2yrs. He has tried to ask his ex girlfriend to bring his son over from when shes coming to England in August. She came near Christmas 2019 & never brought him with her. My sons name is on the birth certificate and his current child passport. He has put a block previously on his passport so if he returns to England he cant travel back to Spain without my sons say so. She is now blackmailing him by saying if you sign a form for him to live in Spain then she.ll bring him over to see his dad. We have given her a roof over her head with the baby when her own mother put her on the streets in the past. My son flew over last year to see him. Then when he got there she blocked him on his phone. My son woke up to spanish police knocking on his hotel door saying he had to appear at 10.00 that morning in theSpanish courts has he had so called been harassing her. So my son went to court & it was her who ended getting in trouble for wasting police time. So is there anything he could do to get his child back to this country UK as we have addressed every Avenue and we are struggling to make any progress. His son will be 5 next April 2021. What would happen over his passport would he have to sign or could she do his new passport with my son being on the passport or not. Thankyou. Regards
Gill - 21-Jul-20 @ 12:52 PM
My son has not seen his child in over 2yrs. He has tried to ask his ex girlfriend to bring his son over from when shes coming to England in August. She came near Christmas 2019 & never brought him with her. My sons name is on the birth certificate and his current child passport. He has put a block previously on his passport so if he returns to England he cant travel back to Spain without my sons say so. She is now blackmailing him by saying if you sign a form for him to live in Spain then she.ll bring him over to see his dad. We have given her a roof over her head with the baby when her own mother put her on the streets in the past. My son flew over last year to see him. Then when he got there she blocked him on his phone. My son woke up to spanish police knocking on his hotel door saying he had to appear at 10.00 that morning in theSpanish courts has he had so called been harassing her. So my son went to court & it was her who ended getting in trouble for wasting police time. So is there anything he could do to get his child back to this country UK as we have addressed every Avenue and we are struggling to make any progress. His son will be 5 next April 2021. What would happen over his passport would he have to sign or could she do his new passport with my son being on the passport or not. Thankyou. Regards
Gill - 21-Jul-20 @ 12:50 PM
My son has not seen his child in over 2yrs. He has tried to ask his ex girlfriend to bring his son over from when shes coming to England in August. She came near Christmas 2019 & never brought him with her. My sons name is on the birth certificate and his current child passport. He has put a block previously on his passport so if he returns to England he cant travel back to Spain without my sons say so. She is now blackmailing him by saying if you sign a form for him to live in Spain then she.ll bring him over to see his dad. We have given her a roof over her head with the baby when her own mother put her on the streets in the past. My son flew over last year to see him. Then when he got there she blocked him on his phone. My son woke up to spanish police knocking on his hotel door saying he had to appear at 10.00 that morning in theSpanish courts has he had so called been harassing her. So my son went to court & it was her who ended getting in trouble for wasting police time. So is there anything he could do to get his child back to this country UK as we have addressed every Avenue and we are struggling to make any progress. His son will be 5 next April 2021. What would happen over his passport would he have to sign or could she do his new passport with my son being on the passport or not. Thankyou. Regards
Gill - 21-Jul-20 @ 12:26 PM
My son has not seen his child in over 2yrs. He has tried to ask his ex girlfriend to bring his son over when shes comming to England in Aug. She came nr Xmas & never brought him with her. My sons name is on the birth certificate. He has put a block on his passport so if he returns to England he cant travel bk to Spain without my sons say so. She has now blackmailed him by saying if you sign for him to live in Spain then she.ll bring him over. We have given her a roof over her head with the baby when her own mother put her on the sts in the past. My son flew over last yr to see him. Then when he got there she blocked him on his phone. My son woke up to police knocking on his hotel door saying he had to appear at 10.00 that morning in theSpanish courts has he had so called been harassing her. So my son went to court & it was her who ended getting in trouble for wasting police time. So is there anything he could do to get his child bk to this country. Hes 5 next April. What would happen over his passport would he have to sign or could she do his new passport with my son being on the passport.
Gill - 21-Jul-20 @ 12:17 PM
Hi i portugueses and my son too and my ex partner is Romanian but on 20 of September i returne to my country with my son and my ex come with me to help with trip but i returned to England in Christmas time for my ex spend time with the son but for my gifts for Christmas was a prohibit order to remove my son from uk know i here can you give and advice i going to the court on 1 of july to see if e can come back to my country P.s: i have a paper for 5 years to travel with my son between portugal and uk
Carina - 31-May-20 @ 3:35 PM
My.ex has got court order have our son on a sunday and one day during week. But im getting married in few months (partner is in the army) and we want to move with him. But im.affraid my ex will stop.me ( he isnt on birth certificate) any advice.
Jennie - 17-Feb-20 @ 8:12 PM
Hi , i have a son and live in uk in a abusive physical relationships and we are ready to separate . He has brithis passportand he is from Irak . Haw can i ban him never go with the child in Irak because i know he will not gone bring back, he try to be nice with me till he take it in there or convince me to go together to visiting his family. I been in there and i never want to come back because a very bad experience, he try in that time to push me to make id for our son in there but illegal( because we are married) he try to explain to me we need to pass the son in his brother name and sister in low because they are married. Can you believe? I get shock! I did not accepted and i was thinking never i gone go back from there when i realised what kind of person he is . I report him 2 times to police for violence and physical abuse and i did not go on with the court thinkingis gone changebut there is not change i believe . Thank you in advance!
Dorina - 2-Feb-20 @ 3:54 PM
I'm English my ex is Scottish. Me and my ex were living together in england however a month before birth she moved back to scotland to have the baby and we split. Now she says I'm not allowed to take my daughter to England to spend Time with her and can only see her if i stay in scotland is that allowed?
Brammo - 18-Dec-19 @ 3:22 PM
I lam Portuguese I had a baby in UK and the baby is English , start to be a very abusive relationship , the baby is two of age I live here on my own I want to go back to my home country . Do I have to have the fathers consent even though we never lived together it he is on the birth certificate. What is the process what do I need to do .
Marge - 21-Nov-19 @ 11:27 PM
Lived in an EU country with my partner and she returned to Australia to give birth to our child. I went for the birth and they visited me a couple months later and I went there again recently. Bub is now 10 months old and since my Australian visa hasn’t been granted yet I want them back here. But she doesn’t want to settle there permanently and I will be working away forse month at a time. Is it parental child abduction if she leaves with our child when I’m not in the country? Would they force a 10 month old back?
Confuzzled - 17-Sep-19 @ 1:59 AM
My sons daughter who is 16 has been taken to Southern Ireland with Out my sons permission, her mother is very controlling, what can he do to stop this happening.
PB73 - 12-Aug-19 @ 4:25 PM
I have recently left an abusive relationship with my partner who is currently pregnant and due in September. She had abused me physically and mentally the last year. After what I have been through I want full custody of my child and move back to Scotland where my family are. Now I am in England. A court date has been set to press charges against her for her abuse and I have been allocated a solicitor and funding. She has 2 young children at present which are with another man. However, I would like to know my rights and if I could get full custody due to her abuse and move to Scotland with my child.
KAI - 7-Aug-19 @ 6:55 PM
hi me and my partner split up . i am german he is british and we met abroad and decided to move here. we have a 2 years old son and i am heavily pregnant. I want to move back to germany and he agreed to it. but how does it work ? visiting rights ? child support ? do we have to appeal to british or german laws ?
KIKKI - 5-Aug-19 @ 2:56 PM
My son and grandson arrived yesterday for a 2 week holiday and whilst they were travelling my son's ex partner (and mother to our grandson) announced on social media that she is moving back to the UK with our grandson permanently. Needless to say our son wasn't aware of this. We all live in Spain but my son and his ex work on Gibraltar and our grandson was born there. All three have British passports. Can she do this? My son does not want to lose his son, who, by the way, spends 50% of his time with each parent. Does my son have automatic PR even though baby was born on Gibraltar? He is on the Birth Certificate. We just don't know what to do legally and as they are only with us for 12 days time is of the essence.
Yaya - 2-Aug-19 @ 11:10 AM
Concerned, my brother lives with me and his children are staying with him at the moment but their mother wants to get them tomorrow however she is not living at home at the moment and is not saying where she is staying nor where she will be taking them when she comes to get them. Their dad (my brother) is concerned about her taking her somewhere he doesn’t know that could not be ideal for the children. Surely he has rights to know where she is taking them or rights to say no if he is concerned for their safety?
Sam - 31-Jul-19 @ 7:54 PM
@corrine.your story is a lot like mine .i haven't seen my daughter sense she was 5 .and i plan on never seeing her again gods truth ..if they wanted move overseas well good for them .so my advise to you is move he sounds the same as me he wouldn't care .so unstuck yourself move 9 years is a long time i can bet my pound he has moved on and has he's own life and is happy .you should do the same .
c .laurie - 9-Jul-19 @ 7:05 AM
I am thinking of moving abroad and just a little stuck and confused in where I stand in taking my 9 year old son with me. He lives with me full time and his dad hasn't seen him since he was 9 months old. We dont speak and havent done for nearly 9 or more years, he makes no effort to see our son even though I've tried hard each and every month of our sons life. Any advice really welcome and needed as this is a move i need to make for myself and my sons future
Corrine - 8-Jul-19 @ 10:55 PM
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