Relocating Outside the UK with your Child to Syria

The situation in Syria has undergone a significant and sudden change. The regime of President Bashar al-Assad has collapsed. The situation regarding returning to Syria is complex and fraught with uncertainties, even after the fall of the Assad regime. If you seek to relocate to Syria with your child, there are several steps you will need to take.

To relocate outside the UK with your child, you must follow specific legal procedures to ensure the move is lawful and in the best interests of the child.

You must obtain consent from the other parent. This is often met with opposition as relocating with a child will mean that the non-relocating parent’s contact with the child is reduced.

Failure to obtain the necessary consent or court permission can result in the move being considered as child abduction, which is a criminal offence.

What can I do if the other parent does not consent?

If you cannot obtain consent from the other parent, you must obtain permission from the Court. 

To obtain permission from the Court, you must make an application for a Specific Issue Order. A Specific Issue Order is used to determine and decide on specific issues related to child matters. One of these issues includes relocating with a child.

What will the court consider when making a decision?

In child relocation matters, the Court will consider what is in the best interests of the child as the welfare of the child is paramount. The court must be satisfied that the relocation is in the best interests of the child.

To allow the Court to determine what is in the child’s best interest, they will consider the welfare checklist. The welfare checklist is set out in s1(3) of the Children Act 1989 and states that the court shall have particular regard to –

1. The ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding;
2. His physical, emotional and educational needs;
3. The likely effect on him of any changes in his circumstances;
4. His age, sex, background and any characteristics of his which the court considers relevant;
5. Any harm which he has suffered or is at risk of suffering;
6. How capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs; and
7. The range of powers available to the court under this Act in the proceedings in question

What do I need to provide to the Court?

To aid the success of your application, you will need to satisfy the welfare checklist and show that you have carefully considered the impact of your application on the child.

You will need to provide clear evidence such as:-

• Reasons for Relocation: Why you wish to relocate and how this move will benefit the child.
• Proposed Living Arrangements: Provide detailed information about where you propose to live, including proposals of schools, GPs, and any other activities available for the child.
• Financial and Practical Arrangements: You will need to detail how the move will be funded, any prospect of employment, working hours, arrangements for the child’s care.
• Contact with the Non-Relocating Parent: Propose how contact will take place between the child and non-relocating parent and how this will be maintained.
• Impact on the Child: Consider the impact the relocation will have on your child and whether there are changes in language, culture and environment and how this will positively impact your child.
• Support Network: Provide information about your support network of friends and family in the new location and how these may help you.

If the other parent objects to the relocation, they can apply for a Prohibited Steps Order to prevent the move or a Specific Issue Order to address specific issues related to the child's upbringing.

The court will consider all the circumstances and facts of the case to determine what is in the child’s best interests. The decision will not be based on an exceptionality test but rather on what is best for the child.

If you have a child/children and seek to relocate outside of the UK and require legal assistance for proceedings, please contact our Family Team at info@brethertons.co.uk.

Co-written by Caitlin Lovell and Amelia Morley-Smith.