Any child abduction lawyers can help me understand this situation?

[Cheesytoast]

I understand that as the residential parent I can’t move away from the UK with my child without the consent of the non-residential parent.

BUT what if the non-residential parent doesn’t live in the UK?

Basically both parents are from the UK and moved to a European country after the child was born and divorced there a year later. The residential parent got permission from the court to move back to the UK and did so. The non-residential parent has now moved away from the European country to a neighbouring country.

Am I now free to move away from the UK? Or would that be child abduction (under The Hague Convention or a criminal offence)?

In my case the non-residential parent doesn’t live in the country where the child is habitually resident or the country where the child was previously habitually resident. I can’t find any similar cases in the case law

You still need the other parents consent. The requirement to obtain that consent is not on the condition that both parents live in the uk.

In practice it may be easier for you to get permission from a court.

I have no idea!

My ds born in another country but both parents British (despite dad being raised in that country from a toddler) and he has British passport.

Solicitor told me I could return to U.K. with ds as he is British.

I never had written consent just told his dad I was moving back and he said ok!

There are further rules around things like if the father has contact and if they are involved etc.

You can apply to have full PR if father isn't making any input and it's in child and families best interests.

@itsgettingweird

I have no idea!

My ds born in another country but both parents British (despite dad being raised in that country from a toddler) and he has British passport.

Solicitor told me I could return to U.K. with ds as he is British.

I never had written consent just told his dad I was moving back and he said ok!

There are further rules around things like if the father has contact and if they are involved etc.

You can apply to have full PR if father isn't making any input and it's in child and families best interests.

Your experience isn’t relevant to OP as your right to return to the UK was based on the law of the other country.

As for applying to have full PR - that isn’t even a thing. OP needs either the other parent’s consent or an order of the court.

@Collaborate thank you, your response is really helpful, although disappointing for me to hear on a personal level.

I’m not planning on moving anywhere right now, but it’s difficult to know that the non-residential parent could move to Australia but I’d still need permission to move away from the UK, even if I wanted to move to Australia too!

So if I left and the non-residential parent made a Hague Convention application where would the child be returned to? I thought the child could only be returned to the place of habitual residence, but if no one with parental responsibility lives there can the child be sent to the country where the non-residential parent lives?

In reality the court is highly unlikely to stop you taking the child to the country the other parent lives in - in the same way that they are unlikely to object.

They also have a weaker case to object to you taking the child to a third country.

@itsgettingweird glad that the father was reasonable in your case and said okay to you returning.

It’s very difficult when the other parent isn’t reasonable and uses their parental responsibility to control the other parent. If you don’t have the other parents consent and have to take it to court it is an extremely lengthy and costly and emotionally traumatic process

@Collaborate yes I guess the laws rely on the idea that the non-residential parent will not object in cases where it there isn’t much logic to their objection, but that’s not the type of person I’m dealing with.

I guess you would think that if the non-residential parent lived in Australia then they wouldn’t report the residential parent to the police for removing the child from the UK to say France. But I wish the criminal law on child abduction would be limited to it being an offence for a parent to remove a child from the UK with the consent of anyone else with parental responsibility who also lives in the UK

The Hague Convention is all about the non resident parent having involvement in the child's life. Does the DC's father visit them in the UK? Do other family members?

There is nothing to stop you moving, the DC's dad would have too apply to the UK court to have you return. Your defence (if the UK court even chose to hear the case) would be that he doesn't reside in the UK so your move has had no impact on his access to his DC.

That’s a good point @ClaryFairchild

I guess the one thing stopping me (legally speaking) would be the threat of a prison sentence as it’s a criminal offence in England and Wales if I’m not mistaken

The Hague Convention is all about the non resident parent having involvement in the child's life

No, it isn't. It is about stopping either parent from abducting their child.

There is nothing to stop you moving

You mean other than the fact that the OP would be committing a criminal offence?

Your defence (if the UK court even chose to hear the case) would be that he doesn't reside in the UK so your move has had no impact on his access to his DC

The UK courts absolutely would hear the case and that would not be a defence.

The OP came here for legal advice. Guessing doesn't help her.