05th February 2013
Location, location and relocation
The courts are currently seeing an increase in the number of applications being made by parents who want to leave England and relocate to another country so it is worth knowing how the law stands on this with regard to the children.
The current law stipulates that in order to move abroad, all the people with parental responsibility for the child have to agree and this is generally both parents. If however the parents can not agree then an application has to be made to the court for a judge to decide whether the child should stay in England or move abroad. The child’s welfare and interests are of paramount consideration in making the decision.
The courts have provided guidance to parents when considering making an application to relocate:
- The application should be genuine and not be an attempt to exclude a parent from a child’s life.
- The proposal must be realistic. It helps to be well researched with plans as to accommodation, schooling, support networks and other practical arrangements. Also the ease of arrangements for contact once abroad can be a significant factor. This will include both visits and indirect contact such as e-mail, telephone and skype.
- If there are good reasons for the opposition to the move.
- What effect refusal of the move would have on the parent who wishes to leave the country.
- What would be best for the child.
Anyone requiring advice or assistance on such matters should contactour team of specialist family law solicitors on 0845 894 1622.