Family

Relocating with children

Relocating with children

In separated families, difficulties can arise when one parent wishes to move away with the children, or where a parent is worried the other will relocate with the children without their agreement.

Different rules apply depending on whether the proposed destination is within the UK or not, as taking a child to live abroad without their other parent’s consent can amount to child abduction.

Ultimately, the court can be asked to determine whether a parent should be given permission to relocate. Regardless of whether the proposed relocation is domestic or international, the court will prioritise the child’s welfare, evaluating each parent’s proposed plan for the child’s future to determine which best meets the child’s interests. Every case is fact-specific, as much will depend on the specific needs and characteristics of the child concerned. The relationship which the child will be able to have with the other parent if the move proceeds is usually a critical factor. How the child’s physical, emotional, educational and other needs will be met in each scenario will also be central to the case.

Preparing robust and well-documented evidence as to why a proposed move will or will not advance the child’s welfare is key in relocation cases, and we have a strong track record of successfully advancing and opposing proposed moves.

We often recommend the use of arbitration in relocation cases. Arbitration is a privatised version of the court process with an experienced barrister in the role of the judge, and it offers a flexible and efficient process particularly suited to time-sensitive matters.

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Bertie Cornett

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