Sometimes after family separation, one parent may want to take children to live abroad – for work reasons, to move home or closer to family, or to be with a new partner.
This is a difficult and emotive area of law that is currently subject to some considerable re-appraisal by the Courts.
Requests by one parent to relocate children abroad after separation or divorce have been a matter of contention for many years, with many both inside and outside the legal profession believing that the test applied by the courts is wrong.
It has historically seemed to many that it is far too easy for one parent to be able to take the children to live in another country, with the impact upon the relationship with the other parent being given insufficient weight. Others feel that it is not right for a parent to be ‘trapped’ in a country they may consider foreign, often after a relatively short marriage or relationship.
Recent cases suggest that the Court may be reconsidering the balance between allowing children to move and insisting that they remain in the same country as both parents. However, fundamentally each case will continue to be judged on its own merits, and the welfare of children should remain the Court’s primary concern.
There are a great number of factors to consider: where children will live; how they will be supported financially; how they will continue to have a meaningful relationship with each parent; how the parent will feel if he or she is prevented from moving. If you are affected by these issues, it is very important that you obtain specialist legal advice as soon as possible.
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