Expert legal help with relocation of children
Both parents with parental rights and responsibilities are entitled to decide where their child should live. When a relationship breaks down and if your ex-partner advises that he/she wishes to move with your child to a different area, city or even country against your wishes, you need to get immediate and legal advice. If necessary, we can obtain protection from the court until a final decision is made, either by agreement or an order of court, as to where the child should reside and with whom.
If you have the least suspicion that your ex-partner might abscond with your child with contact us immediately so that we can take the appropriate action. Early intervention is key and will allow us to obtain protective court orders to keep your child safe.
If the parents cannot agree, the court will decide if the relocation should be allowed. Ultimately the court must agree that the proposed move is in the child’s best interests. There are many factors that the court look at such as the reasonableness of the proposed move, the importance of contact with the other parent, what that might look like if relocation was granted and the child’s views should he/she/they be old enough to express them. The onus is very firmly on the relocating parent to demonstrate and evidence why the child should live elsewhere.
We have significant experience in relocation cases, not just within Scotland but worldwide. Have a look at our case studies here
How much will it cost?
Defended relocation cases are extremely expensive and once we have fully assessed your particular circumstances we can give you a better understanding of what is involved, not only in terms of our fees but also the cost of additional expertise that may be required. We always offer your first meeting (one hour) with one of our experienced family law solicitors at a fixed fee of £250. We then follow up with rescommendations and options, including detailed costs, on the most appropriate and cost-effective way to proceed.
We offer a free 10 minute telephone call with one of our solicitors to discuss how we can help.
Frequently asked questions to consider…
Both parents with parental rights and responsibilities have an equal say in where their child should live. If the move will change where your child goes to nursery or school, or how often you will see them you can apply to the court for a protective order to stop your ex moving without the court’s permission.
A child’s parent with parental rights and responsibilities (link to prr page) can apply to court for a court order regarding a child’s passport. If you believe there is an immediate risk of your partner trying to leave the United Kingdom you should telephone the police and report a suspected abduction so that they can alert the air and seaports.
Yes. A parent with parental rights and responsibilities is entitled to information from local authorities about their child, and the court can also make orders to compel individuals to reveal the location of a child.
Spain, and many other countries in the world, are signatories to a legal treaty referred to as the Hague Convention which prevents abduction of children. This treaty can be used to start immediate court proceedings in the country where the children have been taken to bring them back to the United Kingdom. See https://www.gov.uk/government/publications/international-parental-child-abduction/international-parental-child-abduction for more guidance.
Wise words from Beverley
“Whatever you agree about how best your children are cared for at the time of separation may not be in their best interests in a few years time. Always be open to the idea that relationships, opportunities and circumstances can change and that what was decided even by a Court at a certain moment in time may not necessarily be in the child’s best interests until they are sixteen years of age.”
We can help you right now
Our commitment to provide you with the best possible advice includes a free initial phone call with one of our experts. This allows us to fully prepare for your first meeting which we always offer at a fixed fee rate.
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Here to help in a full range of family legal matters…
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