This has become quite a prominent issue in family law. Issues of relocation usually arise after a separation when a parent with primary care of a child wants to relocate that child, often to the parent’s country of origin or perhaps they wish to relocate domestically.
If you wish to relocate with your child or children it is necessary to obtain consent to anyone else with parental responsibility or failing that, to obtain permission from the Court. Failure to take these steps could be viewed as child abduction and may result in criminal prosecution.
If a Residence Order or Contact Order is in place a child may not be taken out of the country for more than one month without first obtaining the consent of those with parental responsibility or getting permission from the Court.
Obtaining consent from another parent is always the first step to take. You can not apply to the Court for permission to relocate without first attempting internal mediation. If you are unable to obtain consent from the other parent then you can make an application for a Specific Issue Order which will give a Judge authority to decide whether you have permission to relocate with your child.
In making such a decision a Judge will act in the best interests of the child and take into account several factors including; the age of the child, level of integration into society of present residence, reasons for relocation, schooling arrangements, financial considerations and issues of ongoing contact with their other parent.
Issues of relocation are often extremely sensitive. Our family law solicitors deal with each case in a compassionate and professional manner and will always encourage our client’s to seek consent from the other parent if they wish to relocate with the child. If this fails we will make an application on your behalf for a Specific Issue Order and present your case at Court.