Can you move with your children?
The answer is maybe. If you are planning a permanent move i.e. one longer than a month, first, you should try to seek permission from all those that have parental responsibility.
Who has parental responsibility?
A mother automatically has Parental Responsibility for her child from birth.
A father has Parental Responsibility if:
Others may have Parental Responsibility if a Court or the mother has granted it, such as grandparents or step-parents.
If permission is not given by all of those with Parental Responsibiltiy, you will need to seek the Courts approval before moving.
What will the courts look at?
You will need to show the Court that the move will be beneficial to the child:
Start researching early as you will need to gather evidence, particularly for your Statement in support of your Court application. This could mean making a trip to your desired new location, or internet research. It is important to include evidence on why the move will be beneficial and this includes:
and show you are able to maintain sufficiently good contact with the other parent:
How we can assist?
Julie McDonald Family Law has years of experience in relocation cases and has recently assisted in clients moves to the United States, Ireland, and Scotland as well as many within England and Wales. It is crucial to obtain legal advice well ahead of your planned move, as Court proceedings can take 9 months or more. We can also assist with your Statement, which must contain the information above, plus more.
We at Julie McDonald Family Law, are happy to assist you with every step of the way.