Those with parental responsibility for children (typically parents) cannot relocate their children within the jurisdiction (ie from London to Brighton) or internationally without the consent of all others with parental responsibility (typically the other parent). Absent this consent, the parent seeking to relocate their children will need the permission of the court.
The issue of relocating children is one of the most challenging and potentially divisive issues facing separated families. Relocation applications often arise in blended families or where one parent wishes to return with the children to their home country following a separation or divorce.
If the court is required to determine whether it is in the children’s best interests to relocate, a detailed analysis of the circumstances of the case will be undertaken. The children’s welfare will be the court’s paramount consideration. It will take into account factors such as the wishes and feelings of the children and what pattern of contact the children will be able to have with the ‘left behind’ parent if the relocation is allowed.
Our team’s extensive experience in these applications enables our lawyers to deal with these applications in a thoughtful and sensitive yet forensic and robust way to achieve the best outcome for our client and their children.
Divorce and separation
Court and alternatives
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