Child Relocation After Divorce
Child Relocation Solicitors
If you are considering relocating with your child, it is important to understand the legal process and what permissions you may need from the court. We discuss whether permission is needed to relocate, if yes, who can apply for this, whether the child’s other parent can prevent the mov
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“I consider the firm to be very experienced in child care cases and to provide a very professional and high standard of work”
We discuss whether permission is needed to relocate, if yes, who can apply for this, whether the child’s other parent can prevent the move, and what factors the court will take into consideration when making a decision.
Can I move away with my child after separating from my ex?
There is a difference in law between relocating within the UK and internationally after divorce. If you are the primary carer of your child, you do not technically need permission to relocate, within the UK. With this in mind, practical considerations such as how you are going to be able to continue to facilitate contact between your child and the other parent need to be borne in mind. This is even more important when there is a Child Arrangements Order in force, given contact must continue to take place in accordance with the order.
If you are the parent who opposes an internal relocation, there are steps you can take. You should contact a solicitor as quickly as possible in these cases.
The issue of international relocation is different. If you are seeking to relocate with your child outside of England and Wales, you must obtain permission from any other person with parental responsibility for the child (in a lot of cases the child’s other parent) and or the Court. If the other parent is consenting to the move, it is good practice to consult a solicitor, who can ensure that this is properly recorded. If you do not obtain permission in accordance with the above, you could be abducting your child. This is a criminal offence.
What things do I have to consider if I wish to relocate with my child?
If you are thinking about relocating, it is a good idea to carefully consider what impact the relocation is likely to have on the relationship between your child and your ex-partner. Consider the following:
- How far away are you moving?
- Will the left-behind parent still be able to see the child? How easy will this be?
- Will it be expensive for the left-behind parent to visit the child, for example, will they need to purchase international flights?
- What else can you do to ensure the child maintains a meaningful relationship with the parent left behind? For example, what sort of indirect contact, such as video contact can take place?
- What are the new proposed living and educational arrangements for the child?
- If the children are old enough, what are their wishes?
- Will the child be able to see the left-behind parent during school holidays and are you willing to let them travel (or travel with them) to make this happen?
- What will be the financial impact for both parents?
Ideally, you will be able to agree on a workable arrangement with your ex that allows the relocation to go ahead while ensuring the left-behind parent can still have plenty of meaningful time with your child.
Find out more about our other children law services:
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Bridget Thompson is a public law specialist noted for her extensive children public law practice.
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"A family team that is able to offer the highest level of expertise across the family law spectrum from high-net-worth finances through to care proceedings and children matters."
"David Leadercrammer is such an experienced wonderful lawyer who you would want on the other side of your case. He’s sensible, pragmatic and hugely experienced in money and children cases."
Osbornes have been a sound firm forever. They have phenomenal work and an excellent skill set.
They have high-end partners doing high-end work. They are very impressive.
They have an excellent practice; they are top quality across the board.
Osbornes have a very broad family practice which does all areas of family law at a high level.
He is very hard-working, diligent and thoughtful in his approach. He is on top of the detail and makes strategic decisions.
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Mark is an immensely capable lawyer, with vast experience and a well-deserved reputation for getting the very best for his clients.
Lisa Pepper is extremely hard-working and adored by her clients. She is a very empathetic and approachable lawyer.
She’s an extremely supportive and kind lawyer and has an increasing mediation profile too
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"Mark Freedman is a very capable lawyer, renowned for not being a pushover and pushing his clients’ cases as much as he can, but will always talk sensibly about settlement. He is among the best – tenacious, good judgment and tactically aware."
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"Osbornes is pre-eminent for family law in North London. Mark Freedman is a real rainmaker. He is an excellent lawyer and has a top-notch practice"
Mark Freedman is intelligent and personable and has a good selection of high-net work cases.
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Mark Freedman is a serious player. A fearless family law litigator, who protects his clients’ interests passionately.
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Mark Freedman frequently takes on high-value financial and children proceedings that involve complex tax, trust and accounting issues. Sources praise the "tenacity and common sense" he brings to challenging disputes.
"Mark is very experienced, competent, good with clients and takes a sensible approach to cases. He knows exactly what he's doing."
Bridget Thompson is a public law specialist noted for her extensive practice in matters involving alternative families and adoption. An interviewee observes: "She's a fighter, she's clever, and she understands all aspects of a case."
Lisa Pepper is particularly recognised for her role as a mediator in complex cross-border disputes. Her practice also includes handling prenuptial agreements and issues arising from the dissolution of civil partnerships.
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Bridget Thompson heads the family team, where client care is the top priority.
Mark Freedman advises high-net-worth clients and knows his stuff.
Highly regarded for his experience as a litigation and mediation expertise, Mark Freedman is tenacious and determined. Clients really feel that he is fighting their corner.
Simone McGrath is a highly knowledgeable practitioner with a focus on international child abduction matters. She has a large expertise in public and private law.
[The Family Law department] handles significant matrimonial finance cases and complex nuptial agreements. Respected for its expertise in cross-border children law matters.
They have a really good, strong team, with the junior elements punching well above their weight. It doesn't matter who you talk to; they are all switched on."
Simone McGrath handles international child abduction cases and challenging care proceedings relating to non-accidental injuries.
"Mark Freedman receives a lot of instructions from clients based abroad, often relating to complex divorce proceedings. Sources say: “His main strengths are his enthusiastic passion for the job in hand and his total dedication to his clients.”
This team is perhaps best known for its children work, often involving complex international dynamics.
Naomi Angell leads the market in cross-border children law matters. Sources confirm that she is "at the cutting edge of changing law and policy" when it comes to international adoption
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