Child Relocation

If parents have split up, many assume, wrongly, that one parent can emigrate with their children without the consent of the other parent.

This generally isn’t the case. If both parents still have parental rights, then both need to consent before the children can be taken to live in another country.

If one parent plans to move to within the UK with the children, they do not need consent. However, the other parent can apply for a court order to stop the move.

Of course, it is usually better to settle family matters without resorting to court action. Mediation and dispute resolution can be just as effective and may help to heal any rifts caused by divorce or separation.

Contact Jones Whyte family law team to discuss child relocation.

Relocating without consent

There are some cases when you will be able to relocate your children without the consent of the other parent.

For example, they may have signed away their parental rights and responsibilities. In this case, it is unlikely they would have contact with the child and would not have the right to withhold consent to a move. In cases of child abuse, the courts may remove parental rights.

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In most cases, you may need a court order to move overseas if the other parent does not consent. In this case, we have specialists who can represent you.

The court will need to see that the move will:

Be in the best interests of the child.
Viewed positively by the child.

Generally, the court will look at ways the relationship can be maintained with the parent staying in Scotland.

It is important that mothers’ or fathers’ contact rights in Scotland are respected, even during relocation.

Family lawyers at Jones Whyte can help resolve relocation issues through mediation, negotiation and court action if necessary.

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Get in contact with our experienced legal professionals today for support with your case.

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Other services from Jones Whyte

As experienced family lawyers, Jones Whyte solicitors have dealt with a wide variety of cases.

We approach each case with care and compassion and ensure that our client’s best interests are promoted.

Cases we have dealt with include:

Contact the family law team at Jones Whyte today.

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