Monthly archives: May 2024

Relocating with children after a divorce can be a challenging process that affects everyone involved. After splitting up, one parent may want to move their children to a different location. They may for example wish to return to where they grew up, where they have a family support network, to an area where it is cheaper to live or where schooling is better, and the sun will shine more often. However, this is not straightforward and relocating abroad is very different to wanting to relocate within the UK.

Obviously, wherever possible parents should discuss and agree the arrangements, but that is often difficult, and the parent who will be seeing less of their children or will have more difficulty in seeing them will often object to any such move.

International relocation requires the other parent’s consent and, without it, could lead to a child abduction case and the child’s forced return. Therefore, if the other parent won’t agree you will have to apply to the court for permission. Such applications are difficult, expensive to make and have no guarantee of success.

Relocating within the UK does not need the other parent’s consent. Nevertheless, without consent, the objecting parent can apply to the court to prevent the relocation.

The court will decide what is in the child’s best interests and, unless there is a good reason to the contrary, will want the children to have a meaningful relationship with the other parent and take account of factors like the distance of the relocation, schooling, support network and even the children’s view.

To avoid costly court cases with uncertain outcomes and increasing bad feelings, the first step and the best way forward, should be parental communication and compromise. Failing that, discuss the matter with a lawyer who is used to dealing with this issue.

We are a team of 5 experienced lawyers but, what makes us different to a firm of solicitors, is that we are acting as divorce consultants. We help people navigate the legal maze and stop them making expensive mistakes. We use our experience of the divorce process to find solutions to lower the temperature and save money.

If the above resonates or you know someone who may benefit from speaking to us, please do contact me. We don’t charge for an initial consultation.