Relocation Applications After Brexit
The UK and in particular London has an international and cosmopolitan population, with many bi-national couples, not least due to free movement of citizens in the EU. On separation and divorce issues sometimes arise when one parent wants to move back to their home country with the child and the other parent does not agree. In those cases the court will need to decide on the relocation application, often called leave to remove the child out of the jurisdiction.
I have had enquiries in recent weeks from parents who are thinking over their future and their children’s futures after the Brexit referendum outcome in June 2016. Some wonder how long they can stay living in England and Wales and want to move now because they fear they may have to leave in a couple of years. Others want to move abroad with their children now, so that their children can experience an international upbringing while this is still possible in the EU.
Most strikingly, Sterling dropped against the Euro by 20% as against the exchange rate at the end of 2015. The effect on property prices in the UK remains to be seen. There are issues which can make practical arrangement in relocation cases easier or more difficult as a result of the referendum outcome and, if and when it happens, Brexit, including:
- The Sterling fares for flights and Eurostar trips are likely to increase, either because the company bases their fares in Euros and/or because fuel is based in US Dollar.
- Buying property in Europe will be more expensive for UK migrants as a result of the drop in Sterling.
- Maintenance payments for children paid from the UK will not go as far in Europe as they used to only a few weeks ago.
- It may not be clear if British Citizens will be able to stay abroad post-Brexit and if so in what circumstances. Equally, EU citizens in Britain may not be able to stay here and should consider their situation now – either by applying for permanent residence and/or citizenship or by considering when is the best time for their child to move countries.
- UK citizens and EU citizens moving back to their own country may not be able to use the EHIC card to obtain free or subsidised health care abroad and may need to take out private health insurance from the start post-Brexit, something that makes emigrating to the US expensive.
So while there are a lot of uncertainties and issues to come if and when the UK leaves the EU, some parents may want to consider their situation now and obtain legal advice to find the best way to face what may happen head on.