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Relocation

Nothing is more upsetting than to think that your child might move to a different county, a different country or a different continent. However this is arranged and with the best will in the world, it is likely to have a profound and permanent impact on your relationship with them. Conversely, if you have the offer of a new career in New York or Australia and know that this will give your family a better quality of life and new opportunities you may be devastated when you realise that your child’s other parent will not agree to you taking them with you. Relocation is complex and often difficult to resolve because there is rarely a compromise position – the child either relocates or they don’t.

How do I apply to be allowed to relocate with my child?

Relocation orders are a type of Specific Issue Order. The court will make a decision on the basis of what is in the best interests of the child. This will include considerations such as whether the proposed move will improve the family’s standard of living, quality of life and the child’s educational opportunities; what each parent thinks; what the child thinks if they are old enough to understand and express a view; how it is proposed that the child’s relationship with the other parent will be maintained etc. It is important to produce evidence to support the relocation plan e.g. details of housing, schools or nurseries, employment opportunities and travel information to illustrate how the child and the other parent can continue to see each other.

 

How do I oppose a relocation application?

Think about how the proposed relocation might not benefit your child e.g. diminishing their relationship with you, losing important peer relationships, moving at a crucial time in their education, moving to a country that is unsafe. Think also about whether there is any way of ameliorating the detriment e.g. regular indirect (telephone, FaceTime, Skype etc.) contact with you plus regular staying contact in school holidays and whether you could agree to the move if certain safeguards were in place.

 

How can The Modern Family Law Company help?

Relocation applications can be legally and evidentially complex. We are experts in all aspects of family law relating to children and we will advise you about how the law relates to your family situation and what is the best way to put your case – where you are applying for or opposing a relocation order. We will ensure that the necessary evidence is obtained to support your case and that you are represented by a specialist advocate who presents you case robustly to achieve the outcome you are seeking.

 

How will we support you?

We know exactly how stressful and distressing court proceedings about children can be.  Whatever your situation, we will be there to support you through all the ups and downs of the process. We can refer you to one of our trusted partners e.g. a counsellor or psychotherapist,  if more formal support services are needed.

 

How do I find out more about Relocation Orders?

Please Get in Touch via our contact page and we'll be delighted to provide further information.

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