If you are separated or divorced and would like to move abroad with the children, the first step is always to approach the other parent, or any other person who has parental responsibility, and ask for their consent.
A very careful letter should be sent to the other parent, setting out your proposals for the children and explaining why it is in their best interests to relocate.
In the event that the other parent is not prepared to consent to your relocation plans you must obtain the court’s permission.
Preparing a strong and well researched relocation case is the key to a successful application.
You will be required to prepare a detailed statement setting out the intricate details of your relocation plans, to include:
In deciding whether to grant permission, the welfare of the child / children will be the court’s paramount consideration. It is therefore crucial that your relocation case focuses on addressing why it is in the child / children’s best interests to move which crucially includes how their relationship with the other parent can be effectively maintained.
Child relocation is a very technical area of law and it is therefore recommended that you consult a specialist lawyer in the early stages so that the most effective case can be prepared and presented to the court if necessary.
If you have questions or would like any further information, please contact Isobel Massey on 01392 333864 or i.massey@ashfords.co.uk.