I Want to Move Countries. How Can I Relocate With My Children?
In Ireland, parental consent is required where one parent seeks to take children on holiday or move permanently to another country.
If the primary guardian wants to move with the children overseas, or back to their home country, the consent of the other parent is required.
Wrongful removal or retention of a child from Ireland is considered international child abduction and is a criminal offence.
However, there are options available where one parent opposes or does not consent to the other parent moving with the children to another country. An application can be made through the Court to assist in facilitating the move.
What Factors Will the Court Consider?
There are several important factors that the Court will consider:
The Court will always act in the best interests of the children. It will consider the needs and wishes of the children, the potential disruption that relocating might cause, and the parent’s ability to facilitate regular contact.
A move-away application is filed by the parent who wishes to relocate. This application must include all relevant information about the move, including:
The proposed location
Housing arrangements
School enrolment and availability
Language capability
Right to reside or citizenship
Familial support networks
Employment prospects for the applicant parent
The child’s familiarity with the new home
Details of access must be provided. This includes the costs of international travel, accommodation, and pre-arranged periods of access.
The Court will often seek the input of the children by way of an independent assessment carried out by a qualified professional. A Section 32 Report may be prepared, which considers the thoughts, feelings and expectations of both parents, but most importantly the children, in relation to the proposed move.
The Court will consider and make determinations in relation to maintenance and financial support arrangements. The cost of travel for access will also be considered.
The Court will consider the application, the Section 32 Report, and any reply provided by the Respondent before deciding whether or not to permit the relocation.
What Is the Most Important Question?
While there are a lot of factors considered by the Courts, the key question comes down to:
“Is this the best move for the children?”
Seeking Legal Advice
Move-away applications can be stressful and involve significant planning.
Whether you want to move or are trying to prevent a move, it is important to get legal advice as early as possible.
Resources
Internal Resources
The Family Farm and Proper Provision in Irish Divorce Law – Guidance on how Irish courts approach proper provision when a family farm or agricultural assets are involved in divorce, including inherited land, valuation and the viability of the farm business.
Selling the Family Home After Divorce in Ireland – An overview of the options for selling the family home by agreement or Court order, including costs, division of the proceeds and what may happen if one spouse does not cooperate.
External Resources
Citizens Information: Moving Abroad from Ireland – Practical guidance on preparing to move abroad, including travel documents, healthcare, employment, social security and settling into another country.
