International Relocation of Children

A decision by one parent to move permanently to another country with a child can raise difficult family law issues, particularly where the other parent does not agree to the proposed move.

International relocation cases can arise following separation or divorce, where one parent wishes to return to their home country, pursue employment abroad, move to be closer to family, or begin a new life in another country.

O’Connor & Bergin Solicitors advises parents and guardians on international relocation cases involving children moving from Ireland to another country, or proposed moves to Ireland from abroad.

Can I Move Abroad with My Child?

Whether a parent can move permanently to another country with a child will depend on the circumstances, including the legal rights of the other parent or guardians and any existing court orders concerning the child.

Where the consent of another guardian is required and cannot be obtained, it may be necessary to make an application to court before the proposed relocation can take place.

It is important to obtain legal advice before making arrangements for a permanent move where another parent or guardian may object.

What Does the Court Consider in a Relocation Case?

The welfare and best interests of the child are central to decisions concerning children.

International relocation cases can require consideration of a wide range of circumstances particular to the child and the family. These may include the reasons for the proposed move, the child’s relationship with each parent, the practical arrangements proposed following relocation, and how the child’s relationship with the parent remaining in Ireland would be maintained.

Every family is different, and the significance of particular factors will depend on the circumstances of the individual case.

Opposing a Proposed Relocation

We also advise parents who object to a proposal by another parent to move abroad with their child.

A proposed relocation may raise concerns about the child’s relationship with the parent remaining in Ireland, schooling, travel, communication and the practical arrangements for maintaining meaningful contact across different countries.

Where agreement cannot be reached, an application to court may be necessary.

Agreeing Arrangements for a Child Moving Abroad

Not every international relocation case needs to result in contested court proceedings.

Where parents can reach agreement about a proposed move, careful consideration should still be given to the arrangements that will operate afterwards.

These can include where the child will live, time with each parent, school holidays, travel between countries, telephone and video contact, travel costs and other practical matters.

Clear arrangements can be particularly important where parents will be living a considerable distance apart.

Relocation and International Child Abduction

International relocation and international child abduction are related but distinct areas of family law.

Relocation concerns a proposed move to another country. International child abduction can arise where a child is removed to, or retained in, another country in circumstances which engage the rights of another parent or guardian.

Moving a child internationally without first resolving the relevant legal issues can therefore have serious consequences.

If a child has already been taken from Ireland or brought to Ireland in disputed circumstances, different and potentially urgent procedures may apply.

Relocation to and from Ireland

We advise on proposed relocations from Ireland to countries throughout the world, as well as cases where a proposed move to Ireland has implications for existing family arrangements in another jurisdiction.

International cases may require advice from lawyers in more than one country. Where appropriate, we can work with family lawyers in other jurisdictions to address the different legal and practical issues arising from a proposed move.

International Relocation Solicitors in Ireland

If you are considering moving abroad with your child, another parent is proposing to relocate with your child, or your case involves a proposed move between Ireland and another country, contact O’Connor & Bergin Solicitors to discuss your circumstances. Our solicitors advise parents and guardians in Ireland and abroad on family law matters involving more than one jurisdiction.

Obtaining advice at an early stage can help you understand the issues that need to be addressed before a proposed international move takes place.