Could my ex move away with our children?

Children moving away to the other side of the country, or even abroad, is a frightening prospect for any parent.

While we now have many more ways of keeping in touch than ever before, with lots of us regularly using video calling to chat with our friends and family that we can no longer see as often ‘in person’, nothing is quite the same as being in the same room as our nearest and dearest.

So what can you do if your ex-spouse says that they want to move elsewhere with your children?

Moving children to somewhere else in the UK

When one parent wants to move their children to another location in the UK, permission or consent from the other parent is not necessary.

This comes as a surprise to many, who believe that both parents should have to consent to any move.

However, leaving without informing the other parent of the move at all, may not be a good idea. The other parent can go to the courts and ask a judge to stop the move (at least temporarily).

When considering these kinds of orders, the court’s top priority will be the child’s welfare.

Moving children to another country

For those wanting to move their children to somewhere outside of the UK, it is vital to get permission from the other parent for the move (or anyone else who has parental responsibility).

If the other parent will not agree to the move, it is then possible to apply to the courts in order to get permission for the move.

Again, the court’s top priority will be the welfare of the child.

Is really just a holiday?

From time to time, we hear from a client who is worried that their ex-spouse is using a holiday abroad as a way to take their children to live abroad permanently.

If you believe that this is the case, you should seek legal advice as soon as possible. In some circumstances, it is possible to stop a child from being taken abroad. However, it is important not to leave it too late, as once the child is outside of the UK, it can become much more difficult to enforce court orders, depending where the child is in the world.

Communication is key

When planning to move children away, communication between the two parents is vital. Discussing how the move will affect the child/children can help you both decide whether or not it is in the children’s best interests to relocate them.

Talking about everything from the child’s education to the healthcare available in the country they are relocating to, as well as how often the other parent will see the children and when this will take place, are all important issues. Taking time to discuss these matters at an early stage can help to prevent time-consuming and costly court battles. 

Do you need help with family law matters?

Our expert divorce and family law solicitors can help you with a range of legal issues, including:

• Prenuptial agreements
• Cohabitation agreements
• Post civil partnership agreements
• Divorce
• Domestic violence and harassment
• Child maintenance
• Child contact arrangements
• Divorce financial provisions

Contact our expert divorce solicitors for advice on your divorce options

For more information on your divorce options, call our divorce solicitors on 0845 862 5001 or mail@austinkemp.co.uk.

Our expert divorce and family law solicitors offer a nationwide service. We have client meeting office facilities available, in order to have face-to-face client meetings / conferences as and when required in:

Leeds Office: St Andrew House, The Headrow, Leeds, LS1 5JW

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Please contact us for more details.