Kate Rainscourt, family solicitor at Boodle Hatfield in Oxford, looks at problems of travelling or emigrating with your children after separation

After a divorce or separation, most are relieved to have reached a conclusion about how the assets should be divided. They may also have made difficult decisions about where the children should live and go to school.

In our increasingly small world, however, it is not uncommon for parents of a child to originate from different countries, or even continents.

While a couple remains together, this can mean foreign family holidays to catch up with the grandparents, and perhaps two different cultures and languages in the home, all of which benefit the child.

But when an international' couple separates and one of them wants to travel abroad to see their parents, or even return home' on a permanent basis with the child, what happens if the other parent does not agree?

The majority of parents now automatically acquire parental responsibility on the birth of their child giving them rights, duties, powers, responsibilities and authority over the welfare of a child by law.

If the child has two parents with parental responsibility and a residence order has not been made by court, the child cannot be taken out of the UK without the agreement of the other parent, or a criminal offence will be committed.

Consequences This can have awkward consequences if you have suffered an acrimonious divorce or separation, and relations remain sour.

If your former partner refuses to allow your child to go on holiday with you, you may have to ask the court for permission to travel.

You should deal with this well in advance of the departure date. If the other parent wants to take the child on holiday and refuses to tell you where they are going, then he or she can be ordered by the court to provide contact details before departure, such as mobile phone numbers and contact addresses.

But what if you decide to move permanently abroad with your child?

Take the fictional example of a divorced international couple, America and Britain, and their son Nylon. America wants to return home' to the States and take Nylon with her.

Britain refuses to agree, on the basis that he is not willing to limit contact to the summer holidays, or to bear the crippling costs of regular long distance international travel.

America will have to apply for leave to remove' the child from the UK. If she leaves without Britain's permission she will have committed the offence of abduction. Many countries have now signed up to a convention, which, after costly legal proceedings, will force an abducting parent to return the child home.

At the front of the court's mind when deciding whether to let America and Nylon emigrate will be Nylon's welfare.

The court will be looking for a valid reason for the move, and will not agree to a parent leaving the jurisdiction, just to get as far away from the child's other parent as possible.

America is likely to be far more successful in a request for a return to the US than a move to, say, Timbuktu.

She will have to explain in detail to the judge why she wants to move abroad, and why it would be difficult for her and Nylon, if they were refused permission.

She will have to plan the move in great detail, picking out a house, a school and a job, while not knowing for certain that she would be able to go.

Considered Nylon's views may also be taken into account, depending on his age. Perhaps he would miss his father and friends too much?

The court will also listen to Britain's point of view and consider the difficulties he would face in making regular transatlantic travel.

When the court has considered the case in full, it will decide whether America will be allowed to go, and how often Britain should see Nylon.

If she wins the case, she will be allowed to make the move with Nylon, but unfortunately is likely to leave the UK thousands of pounds out of pocket.

My advice to potential emigrants is to make sure of your motives before embarking on such a big lifestyle change.

Do you really want to move abroad, or are you just trying to distance yourself from the memories of a painful split?

n Call 01865 790744, or e-mail krainscourt@boodlehatfield.com