Relocation cases can be tense for all those who are involved. Following something as detrimental as a divorce or separation, a situation may arise where one parent may wish to relocate with their child away from the other biological parent.

If this is the case, it may cause a myriad of complex issues, especially if the other parent in question chooses to oppose the relocation.

Our specialist family law solicitors can provide expert advice to families or single parents who may be considering a move within the United Kingdom or even internationally.


Understanding Relocation

When making the decision to relocate yourself and your child, it is important to remember that, to do so, you will need to apply to the Courts for permission.

Currently, there are no restrictions on moves within the UK; this includes England, Scotland, Wales, and Northern Ireland. However, it excludes the Isle of Man and the Channel Islands.

If you have a Child Arrangements Order that states the child in question lives with you, and the other parent approves of this move, then it may not be necessary to apply to the courts regarding the relocation.

Moreover, if you have parental responsibility and are the primary carer of the child, then the law does not require permission from the other parent.

However, you may face difficulties with your Child Arrangements Order if it allows the other parent weekly contact, which the relocation would ultimately stop, or if said parent challenges the move with a Prohibited Steps Order or a Specific Issue Order.

The former order would prevent you from relocating, whilst the latter would force the courts to address the specific issue brought before them, whether schooling or the child's upbringing.

Contact our specialist Family Law solicitors for advice on Relocation

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The Legal Process

As previously mentioned, if this relocation could breach your Child Arrangement Order or the opposing parent applies for a court order, you will be obligated to complete an application for relocation and present it to the Courts.

The process of applying for relocation can be a tricky one, which is why we urge you to contact our family law solicitors as soon as possible with any pressing questions or concerns that you may have.

For a successful application, you must demonstrate that this move is a viable option for you and your child and that it has been thoroughly thought through.

To do this, you will need to compile evidence of employment, how you intend to fund the move, how it will affect your and your child's quality of life, why you wish to move, and much more.

This process is often long and will require a lot of determination to see it through; as long as you have that and the help of our solicitors, we will ensure you receive the best outcome possible for you and your family.


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