What concerned parents need to know about child relocation
Disputes among separated and divorced parents over access to their children can become fraught and complicated when one parent seeks to relocate them to a different area in the UK or to a new country overseas.
Anthony Parrish, a Partner in Jones Myers Children’s Department, addresses frequently asked questions.
What circumstances prompt parents to relocate their child/children?
The main ones are returning to the country of origin to be with family, work, a new partner, and, for a better standard of living’.
Are the current laws straightforward for separated parents to move their child/children both in and outside the UK – and do they guarantee the other parent visitation rights?
If a parent wishes to relocate with a child permanently from their current country of residence, they require either written permission from everyone holding parental responsibility for the child – or an Order of the court, called a Specific Issues Order.
Do different laws apply for relocating children to different continents?
No, the law is the same regardless of which country the relocation is to. However, consideration must be given to the specific country when looking at welfare and safety issues. For example, a relocation to France is very different to one to Iran.
What factors do courts consider when deciding relocation cases?
A number of points, one of the main ones being the child’s ability to retain a relationship with the left behind parent. They will also look at the education needs of the child, support networks, the parents’ ability to provide for the child financially, housing etc.
What options are open to parents who are seeking to stop their child/children being relocated at home or abroad?
The parent can file a Prohibited Steps Order to prevent the child being taken out of the jurisdiction and also seek a ‘Lives-with’ Child Arrangement Order for the child to live with them at the same time.
What recourse is there for parents if their ex has already taken their child/children to a new area in the UK or to a foreign country?
This would be child abduction, therefore the immediate recourse would be under the Hague Convention, if the country is a signatory. It is more difficult in a Non-Hague country where parents could apply for the child’s return under the inherent jurisdiction of the High Court. However, many Non-Hague countries will simply look to their own laws and often refuse to recognise this jurisdiction.
How long do conflicts relating to relocation cases at home and abroad take to resolve?
On average six months, however, each case is different.
In Jones Myers’ extensive experience, how does the upheaval affect a child/children’s well-being?
Any relocation will affect them as they won’t be seeing the other parent as much and are moving to a new country and leaving friends and family behind. Despite all this disruption, children can be resilient.
I would urge concerned parents who are in this situation to seek legal advice immediately from family law experts like Jones Myers who are experienced in children law and child relocation
For queries on divorce and family law, call 0113 246 0055 (Leeds) 01423 276104 (Harrogate), 202550 (York). Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet @helpwithdivorce
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