Key takeaways
Parental consent required for overseas relocation
Moving abroad permanently requires consent or court permission.
Child welfare remains the court’s priority
Relocation decisions focus on the child’s best interests.
Planning and early advice are essential
Detailed proposals help avoid disputes and support applications.
Today it’s common for professionals and business owners to relocate. Career opportunities, family ties, education and lifestyle choices often lead families to relocate across borders particularly between the UK, Hong Kong and Singapore given their historic and cultural ties.
These moves can create significant challenges when relationships break down or parents disagree about where a child should live. At Hill Dickinson we regularly advise international families on matters which include whether a parent wishes to relocate with a child, return to the UK following an overseas assignment or oppose a proposed move abroad. Here, we explore some key considerations in the event of one parent’s proposed relocation, specifically to Hong Kong and Singapore.
Relocating with a child
A widely held misconception is that a parent can decide to move abroad with a child simply because they are the child’s primary carer. Where, in reality, if both parents have parental responsibility, a parent cannot remove a child from the jurisdiction permanently without either the consent of the other parent or permission from the Court.
This applies regardless of whether this proposed destination is Hong Kong, Singapore, Australia, Dubai or any other country. Taking a child abroad without the necessary consent can have serious legal consequences and may lead to an allegation of child abduction.
What happens if parents cannot agree
Where agreement cannot be reached an application can be made to the Court seeking permission to relocate.
The Courts primary consideration will always be the welfare of the child. The Court will consider a range of factors including:
the reason for the proposed move
the impact on the child’s relationship with the parent remaining behind
the child’s education and emotional needs
the practical arrangements for maintaining contact and the stability and sustainability of the relocation plans.
The Court is not deciding what is best for either parent. Instead, the focus remains firmly on what arrangements best promotes the child’s welfare.
Hong Kong and Singapore
Hong Kong and Singapore remain two of the world’s leading international business centres and continue to attract families from across the world.
For many parents a relocation may offer improved career prospects, enhanced educational opportunities and an improved quality of life. However, international moves also bring challenges and require careful consideration. Successful relocation proposals often demonstrate not only why the move is beneficial but also how a child’s relationship with both parents will continue to be nourished and protected.
Planning is critical
The strongest relocation cases we have seen are often supported by detailed planning and realistic proposals. A parent should consider school arrangements, accommodation, financial stability, healthcare provisions, immigration requirements, childcare arrangements, contact schedules with the absent parent and travel plans, details of who will pay and who will travel with the child.
A carefully prepared proposal can assist both in negotiations and Court proceedings while helping parents focus on practical solutions rather than conflict.
International families
Where families have connections to multiple jurisdictions obtaining specialist legal advice at an early stage is crucial. Issues concerning jurisdiction, parental responsibility, relocation and the recognition of overseas orders can quickly become complex. Early advice can help parents understand their options and avoid costly mistakes.
How Hill Dickinson can support
With offices located in the UK, Hong Kong, Monaco, Cyprus and Singapore we understand the realities faced by modern international families and are well placed to support clients whose personal and professional lives cross borders.
Our Family Team advise on a wide range of international children matters including relocation applications, international child arrangements and jurisdiction disputes. If you’d like to discuss how we can support your family, contact us today.
