Child relocation
Child relocation is not only about the interest of the child. It also has to do with the wishes and future plans of the parents, the needs of (half) brothers and sisters, grandparents and other relatives. The question is whether all these interests can be taken into account and whether the child’s voice will be properly heard.
Best interest of children and parents
After breaking up the relationship both parents will make plans for the future, and they might contradict with each other, or with the best interest of the child.
And then there are also the interests of the siblings, possible half brothers and sisters or steph brothers and sisters. And off course there is the extended family, that can play an important role in the life of a child.
The child itself may have ties to both countries. It can be very difficult to understand why these ties to certain locations, persons or activities are important to your child. And even more difficult to compare the interests of everyone involved and to weigh them against each other.
International parenting plan
How can you make a future proof international parenting plan that respects the interest of parents, siblings and relatives, the ties with both countries and the current and future needs of the child?
What subjects should be mentioned in the parenting plan? And how can you negotiate about all these different aspects without making things even more complicated?
Mediation
If the consultations are stagnant, or if a conflict situation already exists, mediation can offer a quick and efficient solution. Mediation prevents unnecessary damage to the relationship between the parents.
Posts about child relocation
60 days notice before relocating
60 days notice before relocating Valenzuela-Sone v. Barnachea, 2023 ABKB 495, held that the Court has jurisdiction, where appropriate, to grant an interim return-child order where habitually-resident-in-Alberta children have been relocated out of Canada in breach of...
Child relocation cases
Colin Rogerson, consultant solicitor in the Mills & Reeve National Family and Children Law Team is a specialist in all areas of children law and has considerable experience in international children law issues. Bases on his extensive experience with child...
Child relocation to Brazil
Child Relocation to Brazil What to Consider Before Allowing Your Ex to Move Your Child to Brazil? Reasons for relocation A parent may allow their child to relocate to Brazil for various reasons. A possible scenario is a family crisis, such as a sudden illness...
Frequently asked questions
Do I need permission from the other parent to relocate with my children?
In many countries you need permission from the other parent if that parent also has parental authority. If you have sole parental authority, it can still be wise to ask for permission, to avoid court procedures started by the other parent to prevent the relocation.
How do I avoid disputes about the move and the new visitation arrangement?
You can draft an international parenting plan prior to the move about such things as visitation arrangements, consultation and sharing of information. When drafting a parenting plan, you can also take into account any changes in circumstances in the future in advance.
What can I do if the other parent refuses to consult or negotiate with me?
You can draft a parenting plan yourself and submit it to the other parent and seek his or her consent. You can also ask the court to make a court order on the main issues in the parenting plan.
What are the advantages of writing a parenting plan together?
In most countries, the court can only ratify a parenting plan if it is signed by both parents. In that case, the agreements on various topics can be set out exactly as desired and ratified by the court. If there is no agreement on a parenting plan, the court can only tie the knot on a number of issues. Such a court decision is much less detailed than a jointly drafted parenting plan and is often less future-proof.
What is a good international visitation arrangement?
A good international contact arrangement takes into account: the distance, travel time and costs, the school vacations, the existing division of care responsibilities, the school vacations and contact arrangements of (half) sisters and brothers, the age of the child and other relevant circumstances and the possibilities of maintaining contact at a distance by means of video calls, for example.
Find a lawyer or mediator
For a number of countries, we provide a list of lawyers and mediators who can assist you in drafting an international parenting plan, in preventing conflicts over the primary residence of the children, and in negotiating and litigating over the children in the event of relocation or child abduction.
Language issues
If you are considering moving to another country, where a different language is spoken, you should also include the problems that this may cause in the consideration of interests.
- How long will it take, before your child has learned that language?
- What does that mean for choice of school and activities?
- Is it a good time to introduce an additional language?
- What difference does your child’s age make in this?
- What language should you speak at home?
- How can you support the transition?
You can get advice on this from the experts at On Raising Bilingual Children.
Psychological issues
When preparing for a relocation or when dealing with the consequences of relocation, psychological assistance can be of great value.
- If you need advice on how to prepare your child for relocation, or how to discuss the relocation with your child;
- If the school asks for information about the development of your child;
- If your child needs some help to settle in the new country;
- If your child has difficulties with the long distance visitation and contact schedule;
- If you would like to get advice when writing an international parenting plan,
you can get advice on this from the experts from ‘The Expat Kids Club‘.
Kate Berger, psychologist and owner of The Expat Kids Club, has written a number of blogs for our website to give advice to expat parents about how to guide their children through the process of relocation.
