Families are becoming increasingly international, therefore on separation from your partner, where the children will live has become an ever more difficult choice and can be particularly contentious. On family breakdown, you or your former partner may wish to move away with your children to live in another country. In order to move away with your children, you generally need the permission of everyone who has parental responsibility. However, if they don’t consent you can apply to court for permission. Here at CSL Law we have a wealth of experience in this area and can provide you tailored, individual advice for your particular circumstances.
This is a growing area of law with more relationships involving parents of different nationalities. However, there are many reasons why you may wish to relocate to another country. You may wish to return to your country of origin, you may have met a new partner in the country where you wish to relocate or you might be doing so for work reasons.
You may also wish to move away from your current area but not abroad, otherwise known as internal relocation. Your former partner may or may not agree to the move in which case you should seek specialist legal advice before moving. We can assist you in making an informed decision.
Each case is decided on its own facts, with the decision being made in the child’s best interest. The court will take into account a wide range of factors when reaching its decision.
If you are considering moving abroad, you should seek expert legal advice from one of our team as soon as possible to ensure that the move is handled correctly. Should you not follow the correct procedure, there can be consequences such as allegations of child abduction.
If you receive an application from your former partner to relocate your child, you may wish to defend the issue. Again, there are a wide range of issues which the court will review.