Global mobility is on the rise. It is increasingly a key element of strategy for businesses and individuals alike.
For businesses there are several key driving factors, for example in the face of economic uncertainty looking to scale into new geographies where costs are lower. The ability to move top talent across borders is crucial to the success of these new ventures.
Individuals also have numerous motivations, such as more favourable tax regimes. Some sources tell us that in recent years the UK has consistently ranked as one of the top three countries with the highest outflow of High-Net-Worth individuals. Enhancing opportunity is also a strong driver. The 2025 Henley Opportunity Index indicates that investment-based residence and citizenship, combined with premium education, can significantly enhance career prospects, earning potential and economic mobility. The ability to work remotely has seen the rise of the Digital Nomad seeking the ultimate work-life balance. Several countries offer incentives to obtain visas and work permits.
Whatever the motivation, moving abroad is a life-changing decision. Planning and awareness is key. Businesses need to provide the right support and advice to their employees. Individuals need to do their research and seek specialist advice.
Some of the more obvious considerations of a move are taxation, employment rights, and cost of real estate. Many businesses provide global mobility support in these areas, whether in-house or co-sourcing.
Something which may not feature so highly on the list of considerations is the potential children law implication of a move. And yet many people do not simply move in isolation, and children are often involved. Further, Children Law, and more so International Children Law, is often complex and can create a unique set of challenges for migrating individuals which require careful navigation. It is notable that the typical relocation support services offering, whether in-house or at a specialist global mobility company, invariably does not cover this issue at all.
So what needs to be considered where children are involved?
Firstly, Children Law varies greatly from country to country. There is no single guide to the rights and responsibilities of parents between different countries.
If an individual is separated and wants to take their child with them to live abroad, it is important that they ensure they do not fall foul of the law. Specialist legal advice is essential as there can be civil and criminal sanctions for wrongfully taking a child overseas in both the originating and destination countries.
In the UK the consent of all parties with Parental Responsibility for a child is required to be able to move overseas with the child. But verbal consent alone can present risk. If the non-resident parent later changes their mind and reneges on the agreement, problems can ensue. A specialist Children Lawyer can minimise this risk by negotiating and drawing up a written agreement which can be made legally binding. If no agreement can be reached then the Children Lawyer can assist with a special application to the court. The Courts of England and Wales can be quite restrictive in permitting international relocation and it is essential to seek expert advice to have the best possible chance of success.
If the individual seeking to move overseas is not separated and is moving as a family, it is nonetheless prudent to understand what the legal position might be in the event of a change in circumstances. This can present a complex situation, with many questions arising. For example, what if one parent wants to return to the country of origin with the child, but the other parent does not agree? If the matter needs to be resolved in court, which court will have jurisdiction – the courts in the originating country or in the destination country?
As global mobility continues to grow, individuals and businesses must recognise the legal complexities that come with relocating when children are involved. Seeking expert guidance is crucial to ensure that the global journey is as smooth as possible.
Lucina Troy, Family Lawyer at gunnercooke
