Can you move abroad with child if other parent in prison?

[WhatsMyUsername89]

Hello;
Does a parent need to get agreement from another parent to move to another country, if the other parent is in prison?

the child will be aged between 15-19 years old when the parent is released, depending on sentencing.

Prisoners dont automatically lose PR if theyre in prison, so I would guess that they could object to their child moving abroad. However, if your child were over 16, I doubt the courts would prevent the move.

Would they even know? I mean if you're not visiting them in prison, and you don't tell them?

These are 2 of the conditions in which a country can refuse to send children back:

•	the child has been in that country for more than twelve months and is settled there
•	the child objects to being returned and is old enough and mature enough for their opinion to be considered

So if you settle there (and if they have have family and you have a job, and they are in school etc they would generally be considered settled) for over 12 months and they were old enough to have a say in it, then you could go. Any legal case would likely be dealt with in the country you have moved to rather than them being automatically returned and you having to go to court in the UK.

I think realistically given the age of the child there wouldn't be a big chance of any blowback for you

@OrderOfTheKookaburra
Yes I suppose they would know because of grandparents/friends
I just want to do things right.

I guess if they get time which means no chance of getting out til child is 18 then it makes reasons easier to take child out of the country.

Child has same last name as prisoner father, not mother…. So would this cause more issues for visa purposes.

looking online it says even in prison parents still have parental responsibility but I don’t see how that could be possible????

Also to clarify. Child is 3yo, and father is facing a hefty sentence… so may not be out till child is 15-18yo

Contact your MP. Prisoners in such circumstances should automatically loose PR.

Bear in mind prisoners usually serve only half their sentence actually in prison and the rest on licence: out of prison, but under licence conditions, such as wearing a tag with curfew times, having to attend weekly visits to probation officer.

The father must have done something pretty serious to get a sentence like that. Personally I C would go and take my chances. Not much they can do from prison and unless you take the child to visit them, what difference will it make to the parent inside.

What's his crime op?

Parents in prison do not loose PR, UNLESS in exceptional circumstances for a heinous crime against children and even then not automatically.

Your dc has a right to a relationship with their father, he could very well object to your move (and be successful in preventing it), plus 18 years is usually much less in real terms. Your dc also has their father's side of the family too, you would be frustrating a relationship with them too.

Visiting once a year might be enough.

Depends also the reason for going abroad, if the other parent has links to there, then the authorities will be more sympathetic, if they haven't then they would need to prove that not having a relationship with their father or his family is not damaging - you can take children to visit their parents in prison

There’s a case about this at the moment. They can keep PR and can prevent their kids going on hol abroad, can get medical info about them etc. Even in cases where the imprisoned parent killed the other parent. There’s a campaign to change the law in these cases. Nb this does refer to cases where there is only one surviving parent, given other was murdered…

If the other parent doesn’t agree then you need to apply for a specific issue order for the court’s permission to go. If your plans are sensible then I would expect that you’d get it in those circumstances.

OP don’t tell us the crime.
prisoners don’t lose PR and many people allow parents to see to their children during their sentences.

some places also do video calls etc.

is the father vindictive or is it something you’ve spoken about in case he is sentenced.

you know him better than us so can judge how he may react. If hes reasonable and knows he’ll get a long sentence he might not object and you can agree to letters, pictures, calls etc.

you’d need a plan for after if you do want them to have a relationship as depending on the location he may not be able to visit.

Yes, you possibly would need consent.
In your circumstances you really need to speak to a solicitor. You may need a court order.

I would definitely speak to a solicitor not take online advice .. Would he object ?

Do you have family or a job opportunity , these would be factors .

If he wanted to see his child so much he would not have committed a crime that would land him in prison most of that kids life. I do not think it is nice to bring a child into a prison for visitation to someone who has disrespected them so I think if you just go and say nothing then fuck him. He chose crime over his kid.

And then the child risks having two parents who have committed criminal offences instead of one. Irrespective of the morality of it all.

Assuming you're in the UK, my understanding is that being in prison does not automatically mean losing parental responsibility. You need to speak with a lawyer - don't risk getting this wrong because of advice on the internet.

Hi all;

thanks for your responses. Yes i’m in UK, the crime is non-violent & nothing that would concern me in relation to being a parent. Except from the obvious of being a criminal.

basically my closest family members husband has been offered a job outside of the UK. I have no other support here in the UK and they have asked me to go with them. My work have a role they can offer me in there.

Childs paternal grandparents see child but not regularly, however I know a move would cause some hostility. However I genuinely need support and they can’t offer me that.

the original contract is for 2 years; so child’s father will definitely be in prison for that. However I’m trying to explore options about if we create a better life for ourselves out there.

would the courts grant permission for a 2 year work contract? Then i suppose if we want to stay it is more evidence in the future as to why that should happen.

never thought life would end up like this! I just want to do what’s best for myself and my child. And being with family who can actual provide support seems like the best option.

The courts may well grant permission (if the father opposes the move on the basis of losing ties with the child) and you may be expected to facilitate the relationship between the father and the child (as with any case where one parent moves away from the other)

It seems that at the moment, you aren't actually sure if the father still holds PR? That's your first step. What court orders are already in place?

@HicIocusEst nothing is in place. We were a happy normal family before this.

then of course when everything came to light I asked him to leave. Our house is in the process of being sold but we work well together and share all PR.

do I discuss with him the prospect of us moving away? Or shall I make my decision first; getting proper advice?