Relocation with child is an area of law in which Aramas Law are regularly approached
If you are separated or divorced and wish to take your children with you to live permanently abroad you must obtain the other parent’s written consent, as well as the permission of any other person wiith parental responsibility for the child or children. If the other parent will not consent you can apply to the court for a “leave to remove” or “relocation application”.
Once you have made clear your intention to relocate, you will need to provide the court with evidence of your plans, by setting them out in a detailed statement.
You will need to cover information such as:
What your proposed living arrangements will be
Employment details in the new country
The schools your children will attend
Healthcare arrangements
How the children will see and keep contact with the parent and wider family left behind
How financially viable the move will be
The implications of being prevented from relocating
Aramas Law can assist you with your statement. We may also ask other family members who support your application (and who are closely involved with the children) to provide statements too.
Objection to a relocation application
If you are objecting to your ex partners relocation application, the Court will look at the following:
Level of current contact you have with the children and how a move overseas would affect this
Any practical difficulties in contact should the children move
Any problems you can foresee with regard to the children’s proposed living or educational arrangements
Your understanding of the children’s wishes
Personal effect on you of a move
Again, Aramas Law can assist with your objection statement.
Relocation applications considered by the court
When considering an application to relocate, the judge will take into account a number of factors before coming to a decision. The court’s primary concern is the children’s welfare.
The judge will consider how permission or refusal to relocate will affect both the parents and the children and will examine the parents’ plans to ensure the wish to relocate, and the opposition to it, are genuine.
A Children & Family Court Advisory and Support Services (Cafcass) officer may assist the judge in making a decision. They are independent social workers appointed by the court and they may speak to both parents, and possibly the children, depending on their ages, before making a recommendation to the court.
Aramas Law can assist you through this process whether you are the partner seeking removal of child or objecting to a relocation application at Court. Please contact Aramas Law to discuss your specific relocation issue.
Expert legal advice
Receive your initial professional and informative consultation about relocation with child. Call on 0161 817 5014 or you can fill out the form.
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