i Table of contents 175

Child Relocation 2025

Definitive global law guides offering comparative analysis from top-ranked lawyers

INTRODUCTION		5
Contributed by Alex Carruthers, Liam Bennett and Stacey De Souza, Hughes Fowler Carruthers		5
AUSTRALIA		10
Law and Practice		10
Contributed by Lander & Rogers		10
BRAZIL		24
Law and Practice		24
Contributed by Chieco Advogados		24
Trends and Developments		32
Contributed by MF Ejchel International Family Law		32
FRANCE		37
Law and Practice		37
Contributed by Chauveau Mulon & Associés		37
HONG KONG SAR, CHINA		43
Law and Practice		43
Contributed by Withers		43
ITALY		54
Law and Practice		54
Contributed by Studio Zanetti Vitali		54
Trends and Developments		65
Contributed by Studio Zanetti Vitali		65
JAPAN		70
Law and Practice		70
Contributed by Tokyo Kokusai Partners Law Office		70
JERSEY		79
Law and Practice		79
Contributed by Carey Olsen		79
Trends and Developments		89
Contributed by Carey Olsen		89
MALTA		94
Law and Practice		94
Contributed by Robert Thake – Legal Office		94
MAURITIUS		100
Law and Practice		100
Contributed by The Chambers of Narghis Bundhun SC		100
SINGAPORE		108
Trends and Developments		108
Contributed by Rajah & Tann Singapore LLP		108
SOUTH AFRICA		112
Law and Practice		112
Contributed by Miller du Toit Cloete Inc		112
SPAIN		121
Law and Practice		121
Contributed by E. Susín International Law Firm		121
Trends and Developments		132
Contributed by MAYTEGARCIA International Family Law, slp		132
UAE		139
Trends and Developments		139
Contributed by Awatif Mohammad Shoqi Advocates & Legal Consultancy		139
UK		146
Law and Practice		146
Contributed by NE Family Law		146
USA		158
Law and Practice		158
Contributed by Krauss Shaknes Tallentire & Messeri LLP		158
Trends and Developments		168
Contributed by Krauss Shaknes Tallentire & Messeri LLP		168
USA – FLORIDA		173
Trends and Developments		173
Contributed by John F. Schutz PL		173
1. The Care Provider’s Ability to Take Decisions About the Child		12
1.1 Parental Responsibility		12
1.2 Requirements for Birth Mothers		13
1.3 Requirements for Fathers		13
1.4 Requirements for Non-Genetic Parents		13
1.5 Relevance of Marriage at Point of Conception or Birth		14
1.6 Same-Sex Relationships		14
1.7 Adoption		15
2. Relocation		15
2.1 Whose Consent Is Required for Relocation?		15
2.2 Relocation Without Full Consent		15
2.3 Application to a State Authority for Permission to Relocate a Child		16
2.4 Relocation Within a Jurisdiction		19
3. Child Abduction		19
3.1 Legality		19
3.2 Steps Taken to Return Abducted Children		20
3.3 Hague Convention on the Civil Aspects of International Child Abduction		21
3.4 Non-Hague Convention Countries		23
1. The Care Provider’s Ability to Take Decisions About the Child		26
1.1 Parental Responsibility		26
1.2 Requirements for Birth Mothers		26
1.3 Requirements for Fathers		26
1.4 Requirements for Non-Genetic Parents		27
1.5 Relevance of Marriage at Point of Conception or Birth		27
1.6 Same-Sex Relationships		27
1.7 Adoption		27
2. Relocation		28
2.1 Whose Consent Is Required for Relocation?		28
2.2 Relocation Without Full Consent		28
2.3 Application to a State Authority for Permission to Relocate a Child		28
2.4 Relocation Within a Jurisdiction		29
3. Child Abduction		30
3.1 Legality		30
3.2 Steps Taken to Return Abducted Children		30
3.3 Hague Convention on the Civil Aspects of International Child Abduction		30
3.4 Non-Hague Convention Countries		31
1. The Care Provider’s Ability to Take Decisions About the Child		39
1.1 Parental Responsibility		39
1.2 Requirements for Birth Mothers		39
1.3 Requirements for Fathers		39
1.4 Requirements for Non-Genetic Parents		39
1.5 Relevance of Marriage at Point of Conception or Birth		39
1.6 Same-Sex Relationships		39
1.7 Adoption		39
2. Relocation		40
2.1 Whose Consent Is Required for Relocation?		40
2.2 Relocation Without Full Consent		40
2.3 Application to a State Authority for Permission to Relocate a Child		40
2.4 Relocation Within a Jurisdiction		41
3. Child Abduction		42
3.1 Legality		42
3.2 Steps Taken to Return Abducted Children		42
3.3 Hague Convention on the Civil Aspects of International Child Abduction		42
3.4 Non-Hague Convention Countries		42
1. The Care Provider’s Ability to Take Decisions About the Child		45
1.1 Parental Responsibility		45
1.2 Requirements for Birth Mothers		45
1.3 Requirements for Fathers		45
1.4 Requirements for Non-Genetic Parents		46
1.5 Relevance of Marriage at Point of Conception or Birth		46
1.6 Same-Sex Relationships		46
1.7 Adoption		46
2. Relocation		47
2.1 Whose Consent Is Required for Relocation?		47
2.2 Relocation Without Full Consent		47
2.3 Application to a State Authority for Permission to Relocate a Child		47
2.4 Relocation Within a Jurisdiction		50
3. Child Abduction		50
3.1 Legality		50
3.2 Steps Taken to Return Abducted Children		51
3.3 Hague Convention on the Civil Aspects of International Child Abduction		51
3.4 Non-Hague Convention Countries		53
1. The Care Provider’s Ability to Take Decisions About the Child		56
1.1 Parental Responsibility		56
1.2 Requirements for Birth Mothers		56
1.3 Requirements for Fathers		56
1.4 Requirements for Non-Genetic Parents		57
1.5 Relevance of Marriage at Point of Conception or Birth		57
1.6 Same-Sex Relationships		57
1.7 Adoption		57
2. Relocation		58
2.1 Whose Consent Is Required for Relocation?		58
2.2 Relocation Without Full Consent		58
2.3 Application to a State Authority for Permission to Relocate a Child		59
2.4 Relocation Within a Jurisdiction		62
3. Child Abduction		62
3.1 Legality		62
3.2 Steps Taken to Return Abducted Children		62
3.3 Hague Convention on the Civil Aspects of International Child Abduction		63
3.4 Non-Hague Convention Countries		64
1. The Care Provider’s Ability to Take Decisions About the Child		72
1.1 Parental Responsibility		72
1.2 Requirements for Birth Mothers		72
1.3 Requirements for Fathers		72
1.4 Requirements for Non-Genetic Parents		73
1.5 Relevance of Marriage at Point of Conception or Birth		73
1.6 Same-Sex Relationships		73
1.7 Adoption		73
2. Relocation		74
2.1 Whose Consent Is Required for Relocation?		74
2.2 Relocation Without Full Consent		74
2.3 Application to a State Authority for Permission to Relocate a Child		75
2.4 Relocation Within a Jurisdiction		77
3. Child Abduction		77
3.1 Legality		77
3.2 Steps Taken to Return Abducted Children		77
3.3 Hague Convention on the Civil Aspects of International Child Abduction		78
3.4 Non-Hague Convention Countries		78
1. The Care Provider’s Ability to Take Decisions About the Child		81
1.1 Parental Responsibility		81
1.2 Requirements for Birth Mothers		81
1.3 Requirements for Fathers		81
1.4 Requirements for Non-Genetic Parents		82
1.5 Relevance of Marriage at Point of Conception or Birth		82
1.6 Same-Sex Relationships		83
1.7 Adoption		83
2. Relocation		83
2.1 Whose Consent Is Required for Relocation?		83
2.2 Relocation Without Full Consent		83
2.3 Application to a State Authority for Permission to Relocate a Child		83
2.4 Relocation Within a Jurisdiction		85
3. Child Abduction		85
3.1 Legality		85
3.2 Steps Taken to Return Abducted Children		85
3.3 Hague Convention on the Civil Aspects of International Child Abduction		86
3.4 Non-Hague Convention Countries		87
1. The Care Provider’s Ability to Take Decisions About the Child		96
1.1 Parental Responsibility		96
1.2 Requirements for Birth Mothers		96
1.3 Requirements for Fathers		96
1.4 Requirements for Non-Genetic Parents		96
1.5 Relevance of Marriage at Point of Conception or Birth		96
1.6 Same-Sex Relationships		96
1.7 Adoption		96
2. Relocation		96
2.1 Whose Consent Is Required for Relocation?		96
2.2 Relocation Without Full Consent		97
2.3 Application to a State Authority for Permission to Relocate a Child		97
2.4 Relocation Within a Jurisdiction		98
3. Child Abduction		98
3.1 Legality		98
3.2 Steps Taken to Return Abducted Children		98
3.3 Hague Convention on the Civil Aspects of International Child Abduction		99
3.4 Non-Hague Convention Countries		99
1. The Care Provider’s Ability to Take Decisions About the Child		102
1.1 Parental Responsibility		102
1.2 Requirements for Birth Mothers		102
1.3 Requirements for Fathers		102
1.4 Requirements for Non-Genetic Parents		102
1.5 Relevance of Marriage at Point of Conception or Birth		103
1.6 Same-Sex Relationships		103
1.7 Adoption		103
2. Relocation		104
2.1 Whose Consent Is Required for Relocation?		104
2.2 Relocation Without Full Consent		104
2.3 Application to a State Authority for Permission to Relocate a Child		104
2.4 Relocation Within a Jurisdiction		106
3. Child Abduction		106
3.1 Legality		106
3.2 Steps Taken to Return Abducted Children		106
3.3 Hague Convention on the Civil Aspects of International Child Abduction		106
3.4 Non-Hague Convention Countries		107
1. The Care Provider’s Ability to Take Decisions About the Child		114
1.1 Parental Responsibility		114
1.2 Requirements for Birth Mothers		114
1.3 Requirements for Fathers		114
1.4 Requirements for Non-Genetic Parents		114
1.5 Relevance of Marriage at Point of Conception or Birth		116
1.6 Same-Sex Relationships		116
1.7 Adoption		116
2. Relocation		117
2.1 Whose Consent Is Required for Relocation?		117
2.2 Relocation Without Full Consent		117
2.3 Application to a State Authority for Permission to Relocate a Child		117
2.4 Relocation Within a Jurisdiction		119
3. Child Abduction		119
3.1 Legality		119
3.2 Steps Taken to Return Abducted Children		119
3.3 Hague Convention on the Civil Aspects of International Child Abduction		119
3.4 Non-Hague Convention Countries		120
1. The Care Provider’s Ability to Take Decisions About the Child		123
1.1 Parental Responsibility		123
1.2 Requirements for Birth Mothers		123
1.3 Requirements for Fathers		123
1.4 Requirements for Non-Genetic Parents		124
1.5 Relevance of Marriage at Point of Conception or Birth		124
1.6 Same-Sex Relationships		125
1.7 Adoption		125
2. Relocation		126
2.1 Whose Consent Is Required for Relocation?		126
2.2 Relocation Without Full Consent		126
2.3 Application to a State Authority for Permission to Relocate a Child		126
2.4 Relocation Within a Jurisdiction		129
3. Child Abduction		129
3.1 Legality		129
3.2 Steps Taken to Return Abducted Children		129
3.3 Hague Convention on the Civil Aspects of International Child Abduction		129
3.4 Non-Hague Convention Countries		131
1. The Care Provider’s Ability to Take Decisions About the Child		148
1.1 Parental Responsibility		148
1.2 Requirements for Birth Mothers		148
1.3 Requirements for Fathers		148
1.4 Requirements for Non-Genetic Parents		148
1.5 Relevance of Marriage at Point of Conception or Birth		150
1.6 Same-Sex Relationships		150
1.7 Adoption		151
2. Relocation		151
2.1 Whose Consent Is Required for Relocation?		151
2.2 Relocation Without Full Consent		151
2.3 Application to a State Authority for Permission to Relocate a Child		152
2.4 Relocation Within a Jurisdiction		155
3. Child Abduction		155
3.1 Legality		155
3.2 Steps Taken to Return Abducted Children		156
3.3 Hague Convention on the Civil Aspects of International Child Abduction		157
3.4 Non-Hague Convention Countries		157
1. The Care Provider’s Ability to Take Decisions About the Child		161
1.1 Parental Responsibility		161
1.2 Requirements for Birth Mothers		161
1.3 Requirements for Fathers		161
1.4 Requirements for Non-Genetic Parents		161
1.5 Relevance of Marriage at Point of Conception or Birth		162
1.6 Same-Sex Relationships		162
1.7 Adoption		162
2. Relocation		162
2.1 Whose Consent Is Required for Relocation?		162
2.2 Relocation Without Full Consent		162
2.3 Application to a State Authority for Permission to Relocate a Child		162
2.4 Relocation Within a Jurisdiction		164
3. Child Abduction		165
3.1 Legality		165
3.2 Steps Taken to Return Abducted Children		165
3.3 Hague Convention on the Civil Aspects of International Child Abduction		166
3.4 Non-Hague Convention Countries		167

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