Overseas Guardians

I have recently been asked this question on appointing guardians who live overseas. I noted that there was a similar question posed about 3 years ago with no recognisable answer.

From my understanding, the following applies. If others wish to add observations and experience that would be most welcome. It is possible that this may become more of an issue after Brexit.

It is possible to appoint guardians who live abroad but it may not be practical. The guardian would have
no automatic right to live in the country because they are appointed as a guardian, nor would the child
automatically be able to leave the country to move abroad with the guardian. Visas would have to be
applied for and arranged and while this was being organised the child may have to be cared for by social services probably via a foster family.
To move a child abroad the appropriate consent must be obtained under the Child Abduction Act 1984.

If there are multiple people with Parental Responsibility then permission to take the child abroad for a period of more than one month must be obtained from all of them. Failing this an application must be made to the court to obtain leave to remove the child from the UK. Removing a child from the country without consent or a court order is an offence.

There is also the possibility that the courts may feel that removing the child from the UK would not be in
their best interests and they would seek to appoint a different guardian in the UK, especially if the child
has surviving relatives in the UK. Cases may be something like upcoming GCSE exams, health issues better served in the UK etc.

Andre Davidson
Finantium