International relocation of children: Country Q&A tool

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Contents

Rights and responsibilities of parents

Legal responsibility for upbringing

1. What is the legal position of married and unmarried parents in relation to a child's upbringing, and is there a difference? Who has legal responsibility for a child's upbringing?
 

Rights and responsibilities post-separation

2. Do parents continue to share rights and responsibilities for the child following separation?
 
3. How do parents generally share the care of children following separation?
 

Relocation/right to remove

Overview

4. Are relocation cases a familiar feature of family law within your jurisdiction?
 
5. When do relocation disputes tend to arise and what are the most common reasons for parents seeking to relocate?

General principles and guidance

6. What is the legal position of a parent who seeks to relocate a child internationally?
 
7. What are the legal principles applicable to relocation disputes?
 
8. Do the principles applicable to relocation disputes differ in cases where the parent is seeking to relocate temporarily rather than permanently?
 
9. Have the courts in your jurisdiction provided any guidance to help the judges to apply the principles correctly?
 
10. What is the perception of the public and/or legal profession of the way in which relocation disputes are determined by the courts?
 
11. Where are the most common places to which parents seek to relocate with children from your jurisdiction?

Procedure for relocation

12. What is the legal procedure for seeking to relocate?
 
13. What steps can be taken to prevent a parent removing the child from the jurisdiction without the agreement of the other parent or the court's permission?

Alternative dispute resolution (ADR)

14. Are methods of ADR used to help to resolve relocation disputes in your jurisdiction? How effective are these ADR methods in such cases?

Factors in relocation cases

15. What significance do the child's wishes and feelings have in a relocation case and how are these ascertained/presented?
 
16. Are there any differences between geographical regions/areas in your jurisdiction in the way in which relocation disputes are determined by the courts?

Offers of security

17. Do offers of security for the return of the child to spend time with the other parent feature in relocation disputes in your jurisdiction? What form do these take?

Rights of appeal

18. If a parent is dissatisfied with the decision made by a court in a relocation case, does the parent have a right to appeal?
 

Abduction

Overview/domestic and international law

19. What is the position if a parent removes a child from your jurisdiction to another without the consent of the other parent and/or permission from the court?
 
20. Is your jurisdiction a signatory to any relevant treaty or convention concerning child abduction?

Factors

21. Are there any defences which could be raised by a parent to attempt to avoid the child's return?
 
22. How are the child's wishes/feelings ascertained or presented in an abduction case?
 

Reform

23. Are any legal developments in progress or planned in the law which may affect the law or practice in relocation or abduction cases?
 
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