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. Relocation issues are handled by our expert solicitors in the family court.
If you wish to relocate with your child or children, it is necessary to obtain consent from anyone else with parental responsibility or failing that, to obtain permission from the Court.
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.
What is the process for relocating your child?
If arrangements for Contact and Residence are already in place, stipulating that your child resides with you, and both parents agree to the proposed relocation without affecting the child arrangements, you may be able to move with your child without the need for legal proceedings.
However, if the other parent opposes the relocation, it is typically necessary to make an application to the court.
Relocating a child can be a complex matter with legal implications, and the outcome may significantly affect the child's life and the relationship with both parents. Therefore, it is highly advisable to seek early legal advice and guidance to navigate this process effectively and ensure that you are aware of your rights and responsibilities under the law. Our solicitors will deal with your case with compassion and professionalism.
Do you have to Apply to the Court for Permission to Relocate?
If there is a formal agreement from both parents as to the relocation of the child, you will not need to go to court. It is advisable that you keep a record of this agreement in writing in case of changing circumstances.
If an agreement cannot be reached between the parents, there are alternatives to going to court. Our team can help the parents reach an agreement through mediation.
If no agreement can be met, we will lead you through the court process. The court can decide whether a child can be relocated and other arrangements regarding contact with the other parent. The well-being of the child will be the Court’s paramount concern.
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