Introduction
In the UK, disputes over child relocation can stir up strong emotions and create legal challenges. When one parent wants to move with a child, whether inside the country or overseas, it often causes major disagreements if the other parent objects to the move. This article looks at how family lawyers play a key part in handling these disputes giving legal advice and standing up for clients to help them through the tricky legal scene.
Understanding Child Relocation disputes
Child relocation disputes occur when parents differ on whether a child should be allowed to move to a new location, and this has significant implications for the child’s relationship with both parents. The parent wanting to relocate often wants to do so for different reasons, such as work opportunities, family support, etc. However, the parent who is not relocating may not want this to happen due to concerns about the parental relationship and the child’s well-being.
Legal Aspects of Child Relocation
Family law in the UK focuses on “the best interests of the child” when a question arises about relocation. This involves weighing up the circumstances to safeguard the welfare of the child. Family Solicitors can help with the legal aspects of this, for example:
- Obtaining parental consent: Usually, if a parent wanted to move with the child, they would have to have the consent of the other parent.
- Making an application to the court: If both parents cannot reach an agreement with one another, a solicitor would walk the parent through the process of applying to the court, so that the parent could potentially have permission to relocate.
- Child welfare is the paramount consideration for the court in children relocation cases: This calls for an appraisal of different factors that include the child’s wishes and feelings, their physical, emotional, and educational needs, the potential effect on their life of the move, their age, sex, and diffuse needs, their safety and the ability of each of the parents (and any other relevant person) to meet the child’s needs. A family solicitor will have a crucial role in presenting the evidence and arguments to support the client’s position and ensuring that the child’s welfare is at the heart of the court’s decision-making process.
The Role of Family Solicitors in Addressing Key Factors in a Relocation Application
Family solicitors play a pivotal role in assisting parents with child relocation applications. To do so they will advise on the key factors that the court will consider such as:
- Living Arrangements- The family solicitor will help describe and compare the proposed new living arrangements to the current one. They will help to highlight the advantages and improvements in the new living arrangements which will emphasize to the court that the move is in the child’s best interest.
- Benefits for your child: Your solicitor can help you to describe the opportunities that are best for your child like clubs, outdoor activities, and opportunities that give your child the best chance to develop. The benefit of all of these opportunities is that they are great for their overall development and well-being.
- Childcare and Working Hours: Family Solicitors can advise with respect to articulating your working hours and managing childcare arrangements. Specifically, they will make sure that you have included information about how you intend to cater to your child’s care needs in the new location.
- Support network: Lawyers can help you write about the support network available to you in the new location, including family and friends. They can help you to think about how these relationships can provide emotional and social support for your child.
- Employment and income: Solicitors can help you articulate and present employment opportunities in the new area, and your expected salary plus how that compares with your current situation as well as advice in presenting financial stability as an important factor within the court’s decision-making process.
- Education plans: Solicitors can support in gathering and presenting information on the educational provision in the new area, and provide evidence as to the quality, availability, and appropriateness of the schools or nurseries to ensure decision-makers understand the positive implications on your child’s education.
By addressing these factors comprehensively, family solicitors help ensure that your relocation application is well-prepared and convincingly presented, with the child’s best interests at the forefront.
Conclusion
Family solicitors are key players in child relocation disputes. They provide specialised legal advice for each case, represent clients in court and mediation proceedings, and assist in reaching an agreement that works for both parties. In addition to legal advice, advocates provide practical information to their clients about record keeping, compliance, and court documentation. Their comprehensive advice helps parents plan for all eventualities and keep the child at the center. Our platform connects you with experienced family solicitors who specialise in child relocation disputes. Instantly book consultations or request quotes online at Lawyersorted.com.