![]() ![]() The court must perform a balancing act between a series of complex factors, taking into account a broad range of relevant circumstances, before reaching a decision as to whether to give permission. If you wish to relocate with a child within England and Wales, whilst you do not need consent from the other parent, they can apply to prevent you from doing so, and so it is good practice to consider applying for permission. Unless the other parent consents, permission is required from the court to relocate abroad with a child. This is often an incredibly difficult and contentious situation given the potential impact that permitting or preventing a relocation has on both parents. Alternatively, if you receive paperwork indicating that a court application has been made by the other parent, they can advise you about how to respond to this.Ĭan I move elsewhere in the UK or abroad with my child if they are living with me? ![]() Our family lawyers will encourage and assist you in trying to resolve any issues regarding a child by agreement, however we will also be able to advise you if an application to court is required and act on your behalf. It is important that any safeguarding concerns are dealt with promptly and properly, and so it is sensible to take advice as early as possible. Our family lawyers will be able to discuss any concerns about the safety or wellbeing of the children. Alternatively, a specific issue order may be needed, dealing with a particular dispute about the child (what school they will go to, whether a parent should be able to relocate with them) or a prohibited steps order might be necessary in some circumstances to prevent a parent from taking certain actions in relation to a child. The term ‘custody’ is no longer used, and instead a court can be asked to make a Child Arrangements Order setting out where a child will live and spend time. If you are unable to resolve matters by agreement, it may be necessary to apply to the family court for an order. We have extensive experience of guiding clients through the court process, as well as strong relationships with specialist family law barristers, mediators, forensic accountants, pension experts, counsellors and therapists.Īs a full service law firm, we can also draw on expertise from colleagues in our Wills, Estate & Tax Planning team to help with updating your will and estate planning after a divorce. However, in some cases it is necessary to make use of the family court and our team will provide advice as to whether a court application is in your best interests. All our team are members of Resolution and are therefore committed to resolving family law matters constructively. Wherever possible our family lawyers will try and help you resolve issues without the need for court proceedings. Our family team also regularly assist clients with any issues arising after a divorce or dissolution takes place in relation to the implementation of a financial settlement or the enforcement or variation of financial settlements. Our team will explain the different ways of trying to resolve the matters arising from a divorce or dissolution and what may be the most appropriate way forward for you, to include mediation, collaborative law, arbitration or one couple, one lawyer. ![]()
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