Moving Abroad, the Issues

Originally written by Lorna Elliott, updated by the editorial team on 30th March 2026

If you're thinking of moving abroad with your child, there are many issues to consider. One of the main issues is that of abduction. If a parent shares parental responsibility, they are not allowed to take the child abroad for more than a month except for two situations: firstly, if the non resident parent consents or secondly if they have sought and obtained permission from the court.

Without this permission, taking a child abroad is abduction, even if the child is travelling with the 'with care' parent.

Going to Court

If there is a requirement to go to court to seek permission to go abroad, the court will consider a number of elements: the welfare and best interests of the child (in particular, if the parent wishes to take the child abroad for a better life); whether or not the proposed move is an attempt by the parent with care to stop the child seeing the non-resident parent; any harm that may come to the child; the capability of each parent; and the child's wishes.

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Jurisdiction of the CSA

The Child Maintenance Service only has jurisdiction in the UK, in other words England, Scotland, Wales and Northern Ireland. However, it does not include the Channel Islands or the Isle of Man. If one or more parties live abroad, the CMS is unable to give a calculation of the amount of maintenance a non-resident parent should pay. If either parent or the child is not resident in the UK, the court does have the power to make and vary a maintenance order.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

Non-Resident Parent Abroad

If the non-resident parent is working for the UK civil service abroad, is in the armed forces, for a UK governmental organisation or is working for a UK company abroad (and is paid from a UK payroll) then the CMS will still be able to collect money from them. In all other cases if the non-resident parent is abroad the parent with care can go to court in the UK to apply for child support.

There are procedures in place that are designed to assist parents with care in the UK collect money from non-resident parents abroad, in particular REMO (Reciprocal Enforcement of Maintenance Orders). REMO will assist UK residents by enforcing maintenance orders abroad to collect money from non-resident parents. It must be stressed however that the UK cannot compel or order foreign jurisdictions to act in a certain way or within a certain timescale. In addition, not all countries in the world participate in REMO.

If a parent with care who is in the UK wishes to apply for maintenance from a person who is not living in the UK, they do not need to employ the services of a solicitor. All that is required is that they attend their local magistrates court. If there is an existing order, they make an application to have that order enforced in the country where the non-resident parent lives and if there is no order they can ask child support authorities in the foreign country to make a maintenance order for them.

Non Resident Parent living in the UK

The REMO (Reciprocal Enforcement of Maintenance Orders) agreement with participating countries works both ways. This means that if a parent with care and the child both live abroad, they can apply for a foreign maintenance order which will be enforceable against the non-resident parent who is living in the UK.

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ChildSupportLaws Editor 30/05/2026 at 2:36 pm

@mark harrison You're right that taking children abroad without consent from everyone with parental responsibility, or a court order, can amount to child abduction under the Child Abduction Act 1984. The US is a signatory to the Hague Convention, so you can apply for their return through the International Child Abduction and Contact Unit (ICACU), and you should contact a family solicitor urgently as time matters in these cases. Reunite International is also a good free resource for advice. On the maintenance side, you're still legally liable to pay through the CMS unless and until that changes, as it's a separate matter from contact. Don't stop paying without advice, as it could be used against you.

mark harrison 30/05/2026 at 2:36 pm

my ex wife has taken my two sons to the USA without my or a courts permission. I understand that this is considered abduction. what are my rights and do i have to continue paying maintenance and child support.

Han 13/04/2023 at 5:04 pm

My friend has split with his girlfriend and they have a child together. The mother is Irish (Rep of Ireland) and he is British. She took the baby (without permission) to Ireland when they broke up shortly after the baby was born. He later moved out there and they rekindled. Three years later their relationship has ended and he has moved back to the uk. She’s demanding more than the child maintenance amount and not letting him have any access until he pays.
Where does he stand in terms of a legal amount for child maintenance with her living in Ireland and him in the uk?

davidd 05/03/2021 at 12:23 pm

the women on here moving countries and begging for maintenance still .. shameful. maintenance should only be paid if the main parent is single and has 1 income supporting a child. if they remarry have a decent house and income why should the other parent who barely gets anytime with their child have to pay out large sums.

Lil 08/02/2021 at 9:00 pm

Hi,
I am a parent of a 4years old. I have been a victim of domestic violence from the other parter during pregnancy end afterwards, some episodes were reported to the police and there are records. Social services have intervened a few times and in December 2019 said he was allowed to see our kid only under supervision, he refused. He hasn’t seen her since.
He pays child maintenance.
I am a European citizen and want for for my kid to have both passports but he never gave consent for the EU passport, what can I do?
Furthermore I am concerned every time we travel to Europe without his permission, what troubles could I have? Does he formally have parental custody?
If I had to expatriate for working reasons, could he stop me from bringing my child with me?

Saz 24/12/2020 at 11:44 pm

My ex coercion has lead me to cancel the CMA agreement. He has taken a job with an American company. He is out of the Uk 3 months a year and these wages are being paid into an offshore account. He also collect a uk military pension, works as a military reserve for 30 days a year, this is paid into a uk Halifax account. Which also had his mortgage from it.
He has also done other work of which is paid into his off shore account to avoid the tax man.
He’s now telling me he will stop my payment now CMA are not involved. If I reclaim he says I will only be awarded a cut of the payments into his uk account which will be minimum as this is his pension. He knows without it I will not afford the mortgage.
What can I do. Can I apply for a remo if he has a uk bank account? Or can I apply for a remo based of knowing his employer and I’m his of shores bank.

Dinosaurus 23/09/2020 at 10:09 pm

Same question as listed here recently: If resident parent moves overseas with child and paying parent lives in the UK. The CM decision was already granted and payments being made via collect & pay. The paying non-resident parent applied to CMS and stopped the payments on the grounds of the child not being a UK resident any longer. Is it legal? Can it be overturned?

Lou 09/03/2020 at 1:50 pm

If resident parent moves overseas with child and paying parent live in the UK. The CM decision was already granted and payments being made via collect & pay, will maintenance just continue to be paid as usual?

Sweetpea 05/09/2019 at 12:43 pm

Hi my ex is UK resident who is marrying a Thai lady in October this year 2019. He has told his son he will be moving to Thailand in the next 2 years. Will my son continue receiving child maintenance. My ex currently works for a German software company but they have offices in the UK. He can remote in and work anywhere in any country supporting UK customers. Does this mean he will still be paying Child maintenance? Help appreciated as Child Maintenance pays our rent.

Vikki2Dogs 20/08/2019 at 4:16 pm

Friend who is British citizen with 3 children. One boy followed by 2 girls. All 4 living in Scotland. 5 years ago, her husband up and left. Since he left he has not had employment in the UK however he periodically goes to Asia to work. He does not pay a regular child maintenance and when in the UK, he lives with his parents (the sad man is in his 50’s). My friend struggles; no council house so pays a private landlord; works as much as she is allowed, so not over 16 hrs so her benefits are not affected, no CMA from x-husband. Her legal aid was RUBBISH and basically let x-husband get away with murder. What can she do? How can she get help to sort this nightmare situation out?

Mom 07/08/2019 at 2:42 pm

I have recently moved to Canada from the UK, we are still UK citizens and I have permission from the father but since we moved here the father has stopped paying maintenance, is this legal my son is 11 and it was always a struggle getting maintenance when we lived in the UK, is my son no longer entitled to maintenance?

Jo 09/06/2019 at 7:16 pm

My Ex moved to Malaysia 2and1/2 years ago. We jointly own the property we live in. Our son is 8 and he only sees him twice a year (birthday and Christmas). My ex doesn’t contribute financially he pays his half of the mortgage. I have offered to buy him out but he refuses. He is basically keeping his investment (his half of the house) protected but not actually paying anything towards his son. Is this right?
What percentage would be a fair offer on buying him out? His half is currently worth £100k. Any help would be greatly appreciated.

Mike_33 31/05/2019 at 4:38 pm

Hello...
I have a problem. I will be divorced soon (divorce in Poland) and me and wife both agreed with lawyer that I will pay £80 per month for child maintenance. This amount will be shown on divorce case. We both live in UK.
Question is...
Can she apply for Child Maintenance anyway if she gets £80 already from me?
Child Maintenance calculator showing around £50 per week but We agreed for £80 because she cheated on me and I have a proof of her cheats that I can show.
Is United Kingdom accept that kind of agreement and Can she still do that?

Sad.dad 01/05/2019 at 7:05 pm

My ex wife and I wanted to get our children into a country with better prospects than the country they were born in. She was a British citizen, I was not. After lengthy research we decided to follow the rules and managed to get them citizenship, but when it came to getting the same for me the plans fell through and I ended up back in the country we started without work. Whatever I seem to do, I cannot get her support to get me closer to them, not only to be there for emotional support, but financial as well. I have had many prospects in the uk and other European countries, but she will not provide me with the simple copies of their citizenship papers, regardless of my attempts to assure her that I wish to provide for them as much as I can. I have limited contact with them which has come down to a phone once a week. She has met someone else, got engaged to said person and has had another child with him. I thank this man for how much he has done for my kids and made it clear as soon as I am able, will reimburse them. What can I do?

Aram 02/04/2019 at 12:33 am

I’m British married to Jordanian, used to live in Dubai, finished work there so I return back to the U.K., but my wife refused to come with me and kept mt little daughter with her, and I’m sure if she planning to flew Dubai to somewhere else

Tom 04/01/2019 at 11:57 am

My 9 year old daughter is moving to America with her mum permanently, my ex hasn’t mentioned it to me however my daughter has. What are my rights as a father towards my daughter and if and when they do move to America, do I still have to pay Csa as my daughter will no longer be a U.K resident

Davidad 21/12/2018 at 12:47 pm

I think that, if you check, you will find that the advice which you give below is incorrect in law:

"If you’re thinking of moving abroad with your child, there are many issues to consider. One of the main issues is that of abduction. If a parent shares parental responsibility, they are not allowed to take the child abroad for more than a month except for two situations: firstly, if the non resident parent consents or secondly if they have sought and obtained permission from the court."

Under the Child Abduction Act, where there is joint parental responsibility and there is no Child Arrangements Order in place, one parent cannot take the child out of the jurisdiction (noteven to Scotland) for a single minute without the consent or genuine beleif in the consent of the other. The 'one month rule' only applies where there is an Order in place.

Laura 13/12/2018 at 7:31 pm

Desperate for advice, my husbands son now lives in America with his maternal grandfather, resides and attends school there. Both parents still live in the UK but my husband is still being deducted 40% of his weekly earnings by the CSA despite being told the USA is outside of the CSAs durestricton and the fact his son no longer lives here. We are getting absolutely nowhere with CSA on the phone and wonder if anyone could offer any advice thankyou

Blondmo 23/11/2018 at 11:13 am

Hi
My situation is a bit unusual .After 30 years the CMS have finally served a deduction of earnings order against my ex husband , who now lives in France towards recovery of arrears clocked up when my children were small (they’re now 30 & 32). The arrears are in the region of £15k. He’s being required to pay £30 a month from January so the debt is unlikely to ever be repaid but my question is this. I now live in France too. Assuming we don’t have to return to the U.K. post Brexit what is the position regarding BOTH parents not being resident in the U.K. Please if possible give the pre & post Brexit scenarios if possible. I’ve searched the CSM site and it only seems to cover the situation if one parent lives outside the U.K. We are both U.K. citizens. Thank you

Dove123 07/11/2018 at 2:26 pm

Hello,

My ex-partner has recently moved to New Zealand. We had a private arrangement set up of how much he would pay me each month and there have been no issues with this. He has no contact with our child. Since he has moved he has stopped his payments. Please can anybody advise on the REMO service. Is this costly? would I have to have some sort of order in place first for payments that would state he has breached? What would happen on his return to the UK?

many thanks

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