Within English Law important decisions regarding a child’s upbringing must be consulted with both parents who hold parental responsibility.
Parental Responsibility is defined as "all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property".
The mother of the child automatically gains parental responsibility upon birth of the child. The Father can gain parental responsibility by being named on the birth certificate, agreement or by court order. Parental Responsibility gives both the Mother and Father the right to make important decisions regarding the child’s welfare. This involves relocation. If you wish to remove the child from the jurisdiction of England and Wales you must obtain consent from the other parent. If the other parent refuses you must make an application to the court for a Specific Issue Order to obtain consent from the court to relocate.
There are many misconceptions that obtaining “full custody” of a child will automatically render the other parent’s parental responsibility and will allow one single parent to make independent decisions. This is incorrect. The term “full custody” does not exist within the English legal system. The living arrangements of a child is determined by a Child Arrangements Order – Live With and visitation rights are determined by a Child Arrangements – Spend Time With.
It is further very rare for parental responsibility status to be removed from a parent. Parental Responsibility is only removed in exceptional circumstances.
If you do not obtain consent from the court or the other parent you may be susceptible to Child Abduction proceedings. Poland is a signatory to the Hague Convention and will aim to return a child to the country where they were wrongfully removed.
Child Abductions proceedings are quite stressful and emotional, therefore it is always best to obtain legal advice if you are uncertain about your legal position.
Brethertons is an ICACU approved firm, Simon Craddock senior is an expert in international family law.
For advice regarding relocation, contact our Family Team at info@brethertons.co.uk. We are ready to support you.
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