Unless you have the written consent of all those with parental responsibility for your child, you will need the Court’s permission to relocate after divorce or separation.
The first step to take is to discuss your proposed plans with the other parent. You will need to think about where you and your child will live; where they will go to school; how you will provide for yourself and your child financially; what practical and emotional support is available to you and your child and most importantly, how you will ensure that your child’s relationship with the ‘left behind’ parent is maintained and that they can still have contact with each other on a regular basis. Legal advice from a child relocation solicitor at an early stage is often beneficial to ensure that your child is at the forefront of your deliberations, and you have a well thought out plan to discuss with the other parent.
If you need support in discussing this huge step with the other parent, a mediator can assist by providing a neutral and safe environment and ensuring that discussions are child-focused. Where appropriate and with the agreement of both parents, an appropriately qualified mediator can invite the child to speak to them independently within the mediation process so that their voice can be heard and considered.
If an agreement is not reached between you and the other parent, consideration will need to be given to either an application for arbitration or to the Court for permission to permanently relocate with the child, whether that is within the United Kingdom or overseas. The paramount consideration when determining any application that involves a child is the child’s welfare and the arbitrator or the Court will need to be satisfied that relocating is in the child’s best interests.
Arbitration is more flexible and can often be more confidential, less expensive and faster than Court proceedings. Both parents would need to agree to use the arbitration process to resolve the dispute, otherwise an application to Court would be the only other option.
Overseas Relocation
It is a criminal offence under the Child Abduction Act 1984 to permanently remove a child from the United Kingdom without the appropriate consent or the Court’s permission and it would be beneficial therefore to obtain legal advice before finalising any plans to relocate.
How We Can Help
The award-winning Family Team at Trethowans is proud to offer a range of dispute resolution options to suit the needs of its clients including mediators, collaborative and Resolution Together trained lawyers. Contact us for an initial free no-obligation consultation to discuss the options available and which best suit you and your family.
Disclaimer
This information is intended for general informational purposes only and does not constitute legal advice. We recommend seeking professional advice before taking any action on the information provided. If you would like to discuss your specific circumstances, please feel free to contact us on 0800 2800 421.
