Harry, Meghan and the Children: What Their Return to the UK Teaches Us About International Relocation in Family Law
Recent reports that Prince Harry and Meghan Markle imminently intend to return to the UK with their children, Prince Archie and Princess Lilibet, has generated significant public interest.
According to reports, the family plans to relocate from California to the UK, where the children are expected to attend school.
Whilst the circumstances of the Sussex family are unique, their move highlights a legal issue faced by many separated parents, when one parent for whatever reason wishes to relocate to another country and take the children with them.
From a family law perspective, moving children from one country to another is rarely as simple as booking flights and arranging a new home. The legal implications can be significant, particularly where parents do not agree or where more than one country may have jurisdiction over the children.
What Is International Relocation?
International relocation occurs when a parent wishes to move a child permanently from one country to another. In England and Wales, the court’s primary concern is always the child’s welfare.
Where both parents have parental responsibility and there is no Child Arrangements Order specifying that the child lives with one parent, the consent of every person with parental responsibility is usually required before a child can be permanently removed from the jurisdiction of England and Wales.
If consent cannot be obtained, an application for permission to relocate will generally be required.
Contrary to popular belief, there is no presumption in favour of either parent. The court will undertake a welfare analysis and consider matters such as
- The reasons for the proposed move.
- The impact on the child’s relationship with the left-behind parent.
- Educational opportunities.
- Housing and financial stability.
- The child’s cultural identity and family connections.
- The practicality of maintaining meaningful contact.
- The wishes and feelings of the child, depending on age and maturity.
- The focus is not on what is best for the parent, but on what is best for the child.
Increase in families have cross jurisdictional connections
Cases involving international families have increased significantly over recent years. Modern families frequently have connections with multiple countries through employment, dual nationality, extended family networks and education.
The Sussex family’s circumstances illustrate this reality. Their children have strong connections to both the United States and the UK. Any family contemplating a similar move must carefully consider where the children are habitually resident, which country’s courts have jurisdiction and whether international treaties apply.
My child has been removed/relocated without my consent – what happens
The consequences can be severe.
If a parent removes a child from England and Wales, without the necessary consent of everyone with parental responsibility or court permission, the move may constitute wrongful removal or retention.
Where the countries involved are signatories to the 1980 Hague Convention on the Civil Aspects of International Child Abduction, the left-behind parent may seek a summary return order requiring the child to be returned to their home country for welfare issues to be determined there.
Even where Hague remedies are unavailable, courts may still exercise powers under the inherent jurisdiction of the High Court to secure a child’s return. Recent cases continue to demonstrate the courts’ willingness to intervene where unilateral relocation undermines a child’s relationship with the other parent.
A carefully thought-out relocation proposal is generally far more persuasive than a vague aspiration to move abroad.
Lessons for Parents
The reported return of Harry and Meghan to the UK is a reminder that international relocation is one of the most complex areas of family law. What may appear to be a straightforward family decision can involve difficult legal, practical and emotional considerations.
For parents considering a move abroad with children, early legal advice is essential. Obtaining guidance before making plans can help avoid costly disputes, allegations of child abduction and potentially lengthy court proceedings.
At McAlister Family Law we have specialists in this area with the Complex Private Children Team, Headed by Ruth Hetherington and Kirsty Leadham. Please do not hesitate to contact us, and we will guide you through the process to ensure that the best interests of your children are protected.
