I am the resident parent, wanting to move abroad with my child

The courts will decide the case with the welfare of the child being their paramount consideration and make their decision by determining what is in the best interest of the child.

The courts are likely to consider:

• The wishes and feelings of the child concerned.
• The child's physical, emotional or educational needs.
• How the change in circumstance is likely to affect the child.
• The age, sex, background and any other characteristics that the court may find relevant.
• Any harm that the child has suffered or is likely to suffer.
• How capable each parent (and anyone else the court considers relevant) is of meeting the child's needs.
• The powers available to the court (such as prohibited steps or specific issue orders).

The courts will also follow certain guidelines, these are:

• That the reasonable proposals of the parent wishing to move abroad carry great weight.
• These proposals must be scrutinised with care and the court must be satisfied that the parent has a genuine motivation for wanting to move (i.e. it is not the intention of the parent to end contact between the child and the other parent).
• It is very important to look at the effect that reduced contact or no contact with the parent and other family members left behind will have on the child.
• There must be significant opportunity for the child to continue contact with the parent left behind.
• Where there is a real dispute and both parents have very good reasons why they should be the resident parent, the court can look to the future plans of each parent.

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