Relocating with your child whether within the UK or abroad, may be a particularly challenging situation to navigate.
Whether you are moving for a new career opportunity, to be closer to family, or for another reason entirely, the relocation of a child brings emotional and practical considerations, that must be kept in mind.
Consent
In Scotland, parents holding parental rights and responsibilities have the right to have their child reside with them or to regulate their residence. When a child does not live with a parent, they have the right to maintain personal relations and direct contact on a regular basis. This means that any parent considering relocation must consult with the other parent and obtain their consent.
For the non-relocating parent, the prospect of separation from their child will be distressing and they will be worried about their ability to sustain a meaningful relationship long distance. This often leads to conflict between separated parents, and it is not uncommon for a parent to refuse their consent.
Even when a parent is willing to consent, relocation remains a challenging transition and parents will have to reach agreement on contact arrangements and major decisions, such as where their child attends school.
Mediation
Mediation is a future focused, confidential and voluntary process where you and your former partner, with the help of a trained mediator try to resolve issues and reach your own solution. Mediation may also present a faster and more cost-effective solution than using a court process.
At Thorntons we have a number of accredited Family Law Mediators who can help guide you through this process.
Applying for a Specific Issue Order
If consent is refused and mediation is not an option, the relocating parent must apply to the court for a Specific Issue Order. There are three overarching principles in Scots family law that guide the court’s decision:
• The welfare of the child is paramount
• An order will only be granted if it is better than making no order at all
• The court must have regard for a child’s views
The relocating parent must persuade the court that relocation is in the child’s best interests and in order to do so thorough planning is essential. Parents should consider the child’s living arrangements, educational opportunities, and how their overall sense of security will remain protected amongst many other things. Maintaining a meaningful relationship with the non-relocating parent is also critical, and detailed consideration must be given to plans for ongoing contact with the child.
If you are considering relocating with a child, it is important to seek advice at the earliest opportunity. At Thorntons, we have a dedicated and experienced Family Law team. For more information, please call 03330 430150.
