You and the Mother or Father of your children have separated. Since separation, you have shared the care of your children, in one way or another.

Your former partner has now told you that they wish to relocate. A number of questions start wildly running through your mind.

When will I get to see them? Can they relocate without my permission? What are my rights? Do the kids get a say?

We will be able to answer all of those questions for you; specific to your circumstances. Make an appointment with our office promptly. In the meantime, take the following 3 steps:

  1. If you do not agree to the relocation, or need more time to decide, communicate that to the other parent in writing.

    The general rule is that neither parent can relocate with the children from the region within which they are currently living, without first obtaining the consent of the other parent, or a Court Order. This does not apply to all circumstances, however is the general rule.

    If you provide your consent, even impliedly, in circumstances where you do not wish to consent to the relocation, then that can be detrimental to you. A text or email is sufficient written communication to advise the other parent that you do not consent, if that is the case.

  2. Generally speaking, do not discuss the proposed relocation with your child or children.

    This will only place pressure on the children and cause them anxiety. The children’s living arrangements is a matter to be decided by the adults. Children should not be burdened with adult decisions.

    Like any rule, there are exceptions. For example, if the child is 15 years old, their views may well be considered in determining whether a relocation should occur.

  3. Obtain independent legal advice from an experienced family law Solicitor.

    If it is the case that your former partner intends on relocating, or has already relocated, urgent steps will likely need to be taken. If too much time passes before action is taken, that can be detrimental to you.

Every family circumstance is unique. It is important that independent legal advice is obtained; from an experienced family law Solicitor, specific to your circumstances.