How To Prepare For a Successful Child Relocation Case
What Should You Do if You Are Looking to Relocate?
If there are no court orders in place, we must look at the legislation and the relevant case law to understand how judges apply the law to individual cases.
If you and the other parent have equal and shared parental responsibility, you should first try to come to a mutual decision amicably.
The same can be said for instances where your children primarily live with you: you might be able to work out an agreement whereby the child or children spends more holiday time with the other parent in lieu of the time they would normally spend with them.
If both of you can agree, enter a written parenting plan or to apply to the court for consent orders before you move.
What Happens if You Cannot Agree?
In many relocation matters, it is not uncommon for parents to have difficulty reaching an agreement, or not reach an agreement at all.
If you cannot reach an agreement, you will need to apply to the Court permitting you to relocate together with the children.
If the other parent wants to stop the relocation, they can ask for an order preventing the relocation of the children.
Just like in any other form of parenting proceedings, the relocating parent must demonstrate to the Court that the proposed relocation is in the ‘best interests of the child'.
How To Apply For a Court Order & Prepare a Successful Child Relocation Case
Before you make an application seeking to relocate, it is important to have both a clear plan about the proposed move, how relocating with the children is in their best interest and how you propose to facilitate time between the children and the other parent
You should also give consideration to the following:
- Why do you want to move with the children?
- Where are you planning to move specifically, and what will your living arrangements be?
- What are the associated costs?
- Will your financial situation change?
- Will anyone else be living with you?
- How will these changes affect the child’s current circumstances?
- How will the children manage a relationship with the other parent?
Have More Questions or Need Help Preparing a Successful Child Relocation?
If you or your partner have separated and either party is looking to relocate with a child or children, it is essential that each parent understands their legal options and obligations in respect of their children, and are well prepared before dealing with the courts. Pullos Lawyers can help.
If you are able to reach an agreement with your partner then we can help develop a parenting plan or consent orders, and if you decide to go to court we can represent you in court and guide you throughout the court process.
We can also assist you with separation & divorce law, spousal maintenance and child custody law as well as any other family law issues you may be navigating. We invite you to get in touch for a free consultation.