Moving With Your Child After Separation – What Does the Law Say?

When a couple splits and young children are involved, things can be very difficult for all of those involved. It is important to ensure that both parents act in the best interests of the child, and it is a good idea to consult a professional who specialises in the legal side of this like this family law solicitors Gloucester based specialist to ensure that everything is done correctly.

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Something that often comes up when a couple with children splits, is relocation. It may be that one of the parents has a job opportunity to move away or one may want to move near the family for extra support at a difficult time. Whatever the reason, what happens for the children and what can legally be done in this situation is understandably a top priority.

If the parent who has custody of the child wants to move abroad, they will either need to have the consent of the other parent to do this or will need a court order that allows them to do it. As well as considering whether the move is in the interests of the child – for example, will you be moving them away from their friends and family, and what benefits will they have to their lives from moving to another country?

Depending on the age of the child, it may also be that the court will take their wishes into consideration – so if the child is not happy to move abroad, then this may also mean that you will not be able to move abroad with the child. It is important that you are aware of this, and that you go through the correct legal channels before you move, as if you take a child abroad without consent from the other parent or a court order, this is classed as child abduction and this is taken very seriously, having a negative impact on both you and the child in the future.

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If you are planning to move within the UK and are not going abroad, although there is generally no permission needed to do this, there are exceptions and it is advisable to seek legal advice on the matter before you go ahead and do it, as well as obviously considering the child’s interests and wishes too.