Hale Family Law are specialists in international and internal relocation. We have helped parents in multiple jurisdictions and a wide variety of circumstances.
Understanding that each client’s situation is unique. We support parents and provide personalised advice tailored to your specific needs.
If you do not have an order which provides for the children to live with you, you will need the consent of the other parent.
If you have a lives with order which provides the children shall live with you, you may not need the consent of the other parent.
However, if your proposed move is going to significantly impact the child’s time with the other parent, you may find the other parent makes an application to stop you moving. Practically, it is best to seek consent or permission from the court.
If the plan is for a permanent relocation, you will need the consent of the other parent or an order from the court. This is a significant decision and will doubtless impact the relationship between the children and other parent. It is therefore important for the court to understand the reasons you are wanting to relocate in as much detail as possible.
The court may ask itself the following (not limited to):
- Whether your application is genuine and realistic
- Practical propositions which have been well researched
- Whether the other parent’s refusal to provide consent is genuine
- The impact on refusing permission to relocate
- There is no presumption in favour of person with a lives with order
The above is not a strict criteria. There are other factors which may need to be considered by the court. The most important application for the court will be the welfare principle having regard to all the circumstances and by adopting a holistic approach. Each parent’s proposals will be carefully scrutinised and a consideration of the pros and cons of each patent’s will be carried out.Even in circumstances where the other parent has littlecontact with a child, does not mean relocation will be permitted by the court.
Practical considerations for parents to consider before making an application
- The reason behind the proposed move. This could be an employment opportunity, a return to a home country or a lifestyle choice
- Accommodation. The accommodation that the child will be living in; details of how that will be funded and provide documentary evidence including information about the area you will be living.
- Education. Providing as much information as possible from any prospective school, including details of the examination system; if the move is supported by the child's current school, a letter from the child's teacher commenting on their view of the child's ability to adapt and settle into a new school would be helpful
- Financial. Details of how you will be supporting the child financially, including details of relevant employment
- Support network. Details of your support network abroad after the proposed move
- Whether there are immigration requirements that have to be satisfied, which should be put in hand before the application is made.
- Contact. Well-thought-out proposals for contact between the child and the other parent addressing, for example, issues of travel including funding, telephone contact and showing commitment to making the arrangements work; consider, where appropriate, making available internet facilities and the use of a webcam to facilitate regular contact-
Consider offering to put in place a mirror order to ensure that contact will continue in accordance with the terms proposed, address the issue of who will fund the application and whether funds should beset aside for that purpose
