INTERNATIONAL RELOCATION AND CHILD ABDUCTION
Changes to a child’s living arrangements, that make it significantly more difficult for the child to spend time with a parent, is a major long-term issue. It is therefore an issue of parental responsibility for which, if agreement cannot be reached, a parent may make an application to the court.
It is beneficial to a parent to obtain advice as to prospects of success if they are unable to reach agreement with the other parent on these issues. As always in respect of parenting issues, the court would determine what is in the “best interests” of the child. In cases where a parent proposes to relocate with a child or children:
- Compelling reasons for, or indeed again, the relocation need not be shown.
- Determining the best interests of the child requires the consideration of many factors, including the legitimate interests of both parents.
- The court will consider the competing proposals of both parents but is not restricted to those proposals in determining what is in the best interests of the child. In other words, the court may make a determination that had not been sought by either parent.
- The party seeking to relocate the child’s residence must demonstrate that the proposed new arrangement is in the best interests of the child.
Prospects of success in this difficult category of cases will very much depend on the particular circumstances of the family and we can provide you with advice as to those relevant matters.