The cases of child relocation are among the most delicate and tricky domains of family law. They occur when either of the parents wants to relocate a child to a different location within the UK (internal relocation) or to a foreign nation (international relocation). These actions may greatly affect how the child is related to the two parents as well as his or her well being and therefore the courts treat such issues very seriously.
Internal relocation is the transfer of a child to a new region in UK. Although this does not necessitate the court to grant formal permission, it may still turn into a legal concern in case the move interferes with the contacting of the child with the other parent, or even the current living arrangements.
In case the other parent is opposing the move, then the other parent relocating might have to apply either a Child Arrangement Order or a Specific Issue Order to establish whether the move is in the best interest of the child.
The court will put into consideration the following in making such decisions:
The welfare of the child is the priority in a court there is always a move that is supposed to serve the physical, emotional and educational needs of the child.
The international relocation cases are more complicated due to the fact that it involves the relocation of the child to the jurisdiction of other courts other than that of the UK. The parent who wants to relocate with the child to a different country would have to seek the consent of the other parent or even the court before taking his child to another country permanently.
When a parent takes a child abroad without permission, it can be a case of child abduction which has severe legal repercussions as stipulated in the Hague Convention on International Child Abduction.
In evaluating international relocation applications, the court will look at:
The court is interested in balancing the interest of the parent who is moving with having a family life with the interest of the child being in a meaningful relationship with both parents.
We are First Law Solicitors and we have a lot of experience in dealing with internal and international cases of child relocation. Our Solicitors are skilled and tactical in helping the parents to overcome these trying times, be it when you want to move and when someone is trying to move you.
We will help in the negotiation, mediation and court applications process, we present your case in a clear and effective way, always bearing in mind the welfare of the child as the core of any decision.
You will find our expert family law team ready to give you professional advice and support to help you in any relocation dispute or you are considering to relocate with your child now, then contact us today.
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