International Relocation Questionnaire
1.
Jurisdiction of person responding to Questionnaire:
2.
If USA, which state:
Please respond to all questions from the perspective of your jurisdiction.
The Law
3.
Please summarise the law on the international relocation of children in your jurisdiction (Tick all that apply)
Relocation of a child is not permitted in any circumstance
Relocation of a child is not permitted in some circumstances (please explain)
Relocation of a child can take place with the consent of the other parent
Relocation of a child can take place with the permission of the court if the other parent does not consent
No restriction on a custodial parent being able to relocate a child
Other (please specify)
4.
What do the courts in your jurisdiction take into consideration to determine whether the relocation of a child should be permitted? (Tick all that apply)
The relocating parent has custody (or equivalent)
The financial circumstances of the parent seeking relocation
The psychological circumstances of the parent seeking relocation
Child’s best interests
Other (please specify)
5.
Has legislation pertaining to relocation changed in your jurisdiction in the last 15 years? If so, please explain how.
6.
How does your jurisdiction ensure that the views of the child are given appropriate weight in accordance with their age and maturity? (Tick all that apply)
Child is separately represented
Via a court appointed child expert
By direct contact with the judge
They are not
Other (please specify)
7.
Are there any specific legal frameworks or guidelines that govern the representation of the child's voice in relocation cases?
8.
How is the privacy and confidentiality of the child maintained in the court proceedings?
9.
In your jurisdiction, what are the most commonly used reasons to request an international relocation of a child? (Tick all that apply)
The relocating parent is no longer legally permitted to reside in the original country (immigration status)
The child’s medical needs will be better met in the destination country
The child’s educational needs will be better met in the destination country
The relocating parent has remarried and the new step-parent resides in the destination country
The relocating parent is seeking or has secured employment in the destination country
The relocating parent wishes to be closer to family
The cost of relocating to the destination country is less than the cost of remaining in the original country
To remove the relocating parent and/or the child from a situation of abuse or violence
Because of war or famine or unstable military or political situations in the original country
Other (please specify)
10.
How are allegations of domestic/family abuse or violence considered by the court if raised in an international relocation case?
11.
Please provide a citation or citations to the leading case(s) which explain(s) the current law in your jurisdiction relating to the international relocation of children.
Process
12.
Please share the most common ages of the children in the international relocation cases in which you and your colleagues have been involved.
13.
Are there any records in your jurisdiction as to the number of international relocation requests that are granted as against the number that are rejected?
Yes
No
If yes, please specify
14.
How are court hearings conducted in relocation cases?
The hearing is expedited
Standard family court procedures apply
International relocation cases are handled by specialized courts with hearings in chambers
Other arrangements are applied (please explain)
Other
15.
Are there any provisions for virtual or remote hearings?
Yes (please explain)
No
Yes, please explain
16.
How long do courts in your jurisdiction generally take to make a decision on a relocation application (from the date of filing a request to relocate to the date of final judgment, not including appeal)?
Less than 3 months
Between 3 and 6 months
Between 6 months and a year
More than a year
17.
What is the average cost of a contested relocation case in your jurisdiction for each parent assuming they are represented, including any expert fees?
Less than £20,000 (Euros 24,000 or US$26,000)
Between £20,000 and £40,000 (Euros 24,000-48,000 or US$26,000-52,000)
Between £40,000 and £70,000 (Euros 48,000-84,000 or US$52,000-91,000)
More than £70,000 (Euros 84,000 or US$91,000)
18.
Is public funding/legal aid available for a parent seeking to relocate their child?
Yes in all circumstances
Yes in some circumstances
No
19.
Is public funding/legal aid available for a parent opposing a relocation request?
Yes (please explain)
No
Yes, please explain
20.
Is mediation available in your jurisdiction for international relocation cases?
Yes
No but another form of Alternative Dispute Resolution is
No and no other form of Alternative Dispute Resolution is
Other (please explain)
Other (please explain)
21.
If mediation is available in your jurisdiction, is it mandatory?
Yes in every contested relocation case (please explain)
Yes in some contested relocation cases (please explain)
No
Please explain
22.
If mediation is available or mandatory, please explain who will mediate. (Tick all that apply)
A mediator is assigned by the court
The parties are required to agree on a mediator and appoint one
There are specialist organisations which offer mediation for international relocation cases
Other
23.
If mediation is available or mandatory in your jurisdiction, is public funding/legal aid available for the mediation?
Yes (please explain)
No (please explain)
It depends (please explain)
Please explain
Resolution of International Relocation cases
24.
In your jurisdiction, what possible solutions/arrangements are typically explored in relocation cases? (Tick all that apply)
Shared custody/care arrangements are suggested post relocation
Alternative solutions, such as relocating both parents, are explored
Shared parenting plans are prepared, and/ or executed
Other (please explain)
Other (please explain)
25.
Can temporary or trial-based relocations be considered as a solution while final decisions are pending?
Yes (please explain)
No
Please explain
Different legal principles
26.
Do the legal principles for relocation of a child to another jurisdiction differ if the relocation sought is to another location within your country versus if the relocation sought is to another country?
Yes (please explain)
No
Please explain
27.
Do the legal principles for relocation of a child to another jurisdiction differ if the relocation sought is for a temporary period rather than permanently?
Yes (please explain)
No
Please explain
The Washington Declaration
28.
Are you aware of the HCCH 2010 Washington Declaration on International Child Relocation?
Yes
No
29.
If so, do you utilise the HCCH 2010 Washington Declaration on International Child Relocation in your jurisdiction (Tick all that apply):
When advising your clients?
When making submissions to the court?
None of the above
30.
If so, do you see reference to the HCCH 2010 Washington Declaration on International Relocation in case law in your jurisdiction?
Yes
No
31.
Please provide details of at least one way in which you consider the law on, or process for, determining international relocation cases could be improved in your jurisdiction.
Appeals
32.
Can child relocation cases be appealed in your jurisdiction?
Yes, appeals are allowed in all cases
Appeals are allowed only in exceptional circumstances
Appeals are not allowed
Other (please explain)
Please explain
33.
Are there special time limits or conditions under which appeals must be filed in international relocation cases?
Yes (please specify)
No
Please specify
Recognition and/or enforcement
34.
If a child is to be relocated to a non-Contracting party to the
Convention of 25 October 1980 on the Civil Aspects of International Child Abduction
or the
Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co- operation in respect of Parental Responsibility and Measures for the Protection of Children
, what measures are taken for the relocation to be recognised and/or enforced? (Tick all that apply)
Mirror Orders are considered (i.e., making a similar order in the State where the child is relocating as the order made in the State of origin permitting relocation)
Agreement, undertakings and/or guarantees are sought in advance
The removing parent is required to deposit passports in a safe/ secure place in the non-convention country with diplomatic/lawyers’ assistance
The decision is automatically recognized and enforced across jurisdictions
Other (please explain)
Other (please explain)
35.
How does your jurisdiction handle enforcement in cases involving countries that do not recognize a decision of the court in your jurisdiction?
36.
If parents reach a voluntary agreement to relocate their child, how is the agreement made binding in your jurisdiction? (Tick all that apply)
The agreement must be recorded in a written legal document
The agreement must be incorporated into a court order
The agreement must be made in the form of a notarial deed
