When individuals get a divorce or become separated it is often challenging to decide where your child should live. When making this decision it is important you agree with your ex-partner and come to an agreement that is in the best interests of the child, and for both parents. When parents have shared custody, it is not unusual for one parent to want to move away and take the child with them. However, many people don’t realise relocation is not as easy as it seems.
In this blog, we’ll explore the legal considerations for relocation, the impacts that relocation can have on a child, how you can support your child and how Jones Whyte can help. Jones Whyte’s child relocation solicitors are here to provide clients with expert legal advice which prioritises your child’s best interests.
Table of Contents
- Legal considerations for relocation
- Application to obtain court approval
- Impacts of relocation on a child
- How you can support your child
- Do you need help from Jones Whyte?
Legal Considerations For Relocation
If one parent fails to seek approval from the other regarding child relocation, this could lead to the other parent applying for a court order to prevent their ex and child from relocating until a thorough investigation is conducted. However, it is important to note that a parent is not legally required to ask the other parent if they can relocate with their child within the UK.
Moreover, international relocation is not as easy, and does legally require you to obtain the other parent’s consent. If the relocating parent is unable to get consent from the other parent, then they will need to make an application to gain consent from the court.
Application To Obtain Court Approval
The application which a parent will need to submit if they want to relocate is named a ‘Specific Issue Order’ from the Scottish court.
The final decision will be based on the child’s welfare, the child’s willingness to move, the reasons for moving abroad, and the effect this will have on the parent who remains. Please note, the relocating parent will not be able to take the child with them if the reason for moving is to stop the child from seeing the other parent.
If you are planning to move away with your child or your ex-partner is planning to relocate it is advisable to seek independent legal advice. Our trusted relocation solicitors at Jones Whyte will be able to help you every step of the way through mediation, negotiation, and court action if necessary. We are also competitively priced and will be upfront and transparent with our pricing.
Impacts Of Relocation On A Child
Relocating with your child can be more challenging than it appears, and it’s crucial to carefully consider the potential impacts this will have on the child’s life beforehand.
Leaving behind comfortable surroundings, friends and treasured memories can cause a mixture of emotions in a child, such as stress, sadness, or even excitement. Some days may be good, and some may be bad for the child and it’s important to recognise this and to appreciate that relocating is not going to be easy for them. Relocating disrupts a child’s routine and can take time for them to adjust.
If a child moves abroad, they may also face cultural changes, which often requires time and perseverance to overcome as they adapt to their new way of life.
How You Can Support Your Child
If you’re a parent wishing to move away, here are some tips on how you can support your child:
- Have open communication with your child, allowing them to feel validated.
- Take to your new home familiar objects to comfort them.
- Encourage them to get involved with the move. This could be allowing them to help decorate or have a say in what their new bedroom looks like.
Do You Need Help From Jones Whyte?
If you’re planning to relocate or would like to stop your ex partner from relocating with your child, it is important to fully understand your rights and parental responsibilities with shared custody. It is advisable you seek legal advice from our experienced team.
Jones Whyte are here to help you through the process. Our relocation solicitors will assess your circumstances and provide guidance to ensure that you take the best court of action.
From the very start of your journey with us, our family law team will explain everything clearly to you. Once everything has been agreed upon, the team will confirm everything in writing. There will also be no hidden surprises or costs, giving you peace of mind.
Key Takeaways
- Both parents should approve of the child relocating in the UK or internationally.
- If one parent fails to seek approval this could result in the other parent obtaining a court order.
- A parent is not legally required to ask the other parent to relocate if it is within the UK. However, this is different if they are planning to relocate internationally. Moving abroad legally requires you to obtain the other parent’s consent.
- When approval has not been obtained the parent requesting approval will need to seek a ‘Specific Issue Order’ from the Scottish courts. The decision will be based on a number of factors.
- Relocation can have significant impact on a child and it is important to consider these potential impacts before moving. A child could potentially experience multiple emotions, including: stress, sadness, or even excitement.
- You can support your child by open communication, taking familiar objects with you, and encouraging them to get involved in the move.
- Jones Whyte’s relocation solicitors have extensive experiencing helping clients with their relocation case. For those looking to seek legal advice, a lawyer will help you through the entire process, and will provide you with the guidance to take the best course of action.
Please note: This article is for general information purposes only and does not constitute legal advice. It should not be relied upon as a substitute for professional legal advice tailored to your specific circumstances. If you need advice on a legal matter, get in touch with our team.
