INTRODUCTION Contributed by: Alex Carruthers, Liam Bennett and Stacey De Souza, Hughes Fowler Carruthers
Hughes Fowler Carruthers Academy Court 94 Chancery Lane London WC2A 1DT United Kingdom
Tel: +44 20 7421 8383 Fax: +44 20 7421 8383 Email: a.carruthers@hfclaw.com Web: www.hfclaw.com
Global Overview of Child Relocation in 2025 Another year has passed with a large number of relo - cations having taken place around the world. When a marriage or other form of intimate relationship breaks down, one or both parties may want to make a change in their lives. For some, this may mean returning to their home country, starting afresh in a new country, pursuing a new relationship or seeking out a particular employment opportunity. Due to the rise of globali - sation and cross-cultural relationships, one parent’s desire to relocate, either internally within the same country or internationally, is arguably becoming an increasingly prevalent issue across many jurisdictions. Any relocation has monumental implications for the children of divorcing or separated couples; therefore, the parent seeking to move should carefully consider their plans and how a relocation could be achieved, both with and without the other parent’s agreement, before pursuing it. Internal and international relocation For those seeking to relocate, returning “home” to the country they came from (often to gain a support network of family and friends living there) and forging a new relationship with someone from another coun - try are common reasons for doing so. In deciding between countries, a compromise must be reached about where to live. Even once a decision is reached, it might then become necessary to relocate for work – a factor that still disproportionately affects men. In international families, one party will often have to live in the country of the other. When they split up, the decoupling process works in reverse, and this
potentially makes the issue of relocating children more acute. Obviously, these issues do not just affect the nuclear family – they also apply to blended families and in the case of adopted children, where different considerations may apply from country to country. The decision of whether or not to relocate with a child following the breakdown of a marriage or relationship can be an incredibly difficult one to make. The laws relating to relocation differ between differ - ent jurisdictions. In many countries, such as England and Wales, a parent cannot relocate with a child (whether internally or internationally) unless the other parent consents or there is a court order permitting the relocation following contested proceedings. In other countries, such as the USA, there are different legal jurisdictions within the same country. The laws in some states presume that a custodial parent has the right to change the residence of a child unless the other parent can provide evidence to convince the court that such a move would be detrimental to the child, whereas other states first require consent or a court order. This can make it very difficult for one party to leave the state and move elsewhere in the country. The family courts have long recognised relocation cases as some of the most contentious and difficult matters which they have to deal with. Judges regularly comment upon just how difficult such cases can be to determine, given that they are often finely balanced and the potentially devastating impact their decision may have on the unsuccessful party. Notwithstanding the complexities that arise, the number of such cases continues to increase for the reasons identified above.
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