Before making any relocation plans, it is crucial to obtain the consent of anyone with parental responsibility for the child or a court order.
How I can succeed in making a relocation to Spain application?
Your application should be centred around why a move to Spain is in your children’s best interests. What opportunities does a life in Spain offer that the UK does not, and how will their relationship with the other parent be maintained.
For more detail about making a successful application generally, please see Family Court applications to relocate with your children.
Why do you want to relocate to Spain?
Before you make your application to the family court to move to Spain, you should do your research and focus on the reasons why this is going to be the best place to raise your children.
The culture in Spain is one of family and community life and there are plenty of child and family friendly attractions that make this a destination for expats.
The climate in Spain means that its population enjoys a much more outdoor way of life with greater opportunities for sports, nature and other extracurricular activities. When thinking about where in Spain you may move it would be advisable to research what the local area has to offer.
In general, the cost of living in Spain is lower than living in the UK but job and career opportunities may be more limited.
What factors should I think about before deciding to relocate to Spain?
One of the big factors to think about is the language. If your children are younger, they are likely to pick up Spanish (or Catalan) much more quickly than older children. This may feed into your choice of school and the area where you are going to live. Will you be in a Spanish or expat community?
There are three different types of school: state, private and international. In state schools the usual language is Spanish, whereas private schools will offer a choice. Most international schools follow the standard English curriculum.
The school structure in Spain is very different to the UK and children usually attend nursery between the ages of 3 and 6 before moving to junior school. Secondary school usually starts at age 12. Consideration should be given to which class children should be put into to ensure they can catch up both on the learning and the language.
There are two options for healthcare in Spain: state and private. You will need to be paying ‘seguridad social payments’ to qualify for state healthcare.
There are a lot of travel options between the UK and Spain, and thought should be given to relocating near to an airport to allow regular travel between the child and the absent parent.
What additional considerations are there for relocating to Spain?
Expert advice should be taken to ensure you have complied with the legal requirements relating to residency and work permits.
If I relocate to Spain without consent, what will happen?
Custody disputes in Spain are governed by a combination of domestic laws and international conventions, so you will need to consider your position in both jurisdictions before making your court application.
However, both Spain and the UK are signatories to the Hague Convention on Child Abduction which means if a child is removed from the UK to Spain by a parent without the other parent’s consent, the child is likely to be returned so that the ‘home’ court can determine whether the relocation should be allowed.
The law in Spain relating to children is similar to that in England/Wales, and is focused on the best interests of the child.
Are there extra considerations before I consider relocating to Spain?
Following Brexit, moving to Spain has become more difficult. Your UK solicitor can help you arrange to take advice from a family lawyer in Spain to ensure you meet all of their particular conditions and have fully prepared for the move.
Other important considerations may include:
- ensuring you have any necessary visas and work permits
- ensuring you have the appropriate residency documents
- Spain offers a variety of international and private schools following British and other curricula, but these vary region by region so it is important to do your research to understand the waiting lists and costs. If your children are of secondary age and don’t speak Spanish it may be all but essential for them to attend an international school to ensure they don’t fall behind by reason of not speaking the language
- healthcare in Spain depends on your citizenship and employment status. It is important to check this before you move as you may not qualify for the Spanish National Health Service
- consider family-friendly ex-pat neighbourhoods with good amenities and proximity to schools
- unemployment levels are high in Spain and access to benefits for historic non-residents may be limited, so make sure you consider your rent, utilities and other living expenses and have a plan for employment and financial support.
Do I need a solicitor to help me relocate with the children to Spain?
Relocating with a child from England to Spain requires careful legal planning and consideration of the child’s best interests. Obtaining the necessary parental consent or court permission is an essential part of the relocation.
For family law advice tailored to your relocation requirements, consulting with a family law solicitor at Weightmans at an early stage is advisable as these applications can stand or fall on how they are first presented.
As with all decisions effecting children, permission to relocate will only be granted or refused if it is deemed to be in the best interests of the children.
Weightmans have extensive experience dealing with leave to remove applications on behalf of both the moving and the non-moving parent.
