What do you need to consider if you're relocating your family following the breakdown of a relationship – whether it's elsewhere in Scotland, down south, or overseas?
When a relationship ends, it's common enough for one parent to move – for a fresh start, a new job, or to be closer to family. But if that will involve relocating children, there are legal and practical considerations.
Within the UK
If you plan to move far enough away that it will materially impact your child's life and their relationship with the other parent, then that parent needs to be consulted.
Exactly what 'materially impact' means in practice may mean different things to different people. For example, even with a move a short distance away, the other parent may feel a change to your child's school and therefore to their weekday contact arrangements is a material impact.
Ideally, you can agree the new arrangements between yourselves. If not, you may need a court order approving your move. Equally, they could seek a court order preventing it.
Outwith the UK
If you want to relocate overseas, you need the consent of the other parent or a court order.
You may view it as a dream move to the sun; they may see it as an end to their current relationship with the kids. If you cannot reach agreement between yourselves, or through your lawyers, you'll need a court order to make the move.
What to think about
When granting a court order (or not), the court will explore a range of factors including:
- The reason for the move.
- How well it's been planned.
- The impact and possible benefits for the child.
- The child's own views on the move.
- Their relationship with the other parent and wider family.
A solicitor can help you negotiate a move and obtain a court order, but it's important to consider these questions through an emotional lens as well as a legal one. This means looking at the pros and cons for your children, not just for yourself.
