In recent years there has been a significant increase in the number of cases where a parent with residence of the children wishes to relocate to another part of the UK or further afield. A body of Case Law has been built up over the past few years in relation to such matters. Such issues can be extremely contentious.
A parent who wishes to relocate requires the consent of the other parent to do so, failing which an order from the court to be allowed to move. A parent who fails to obtain such consent or court order can face child abduction proceedings. If children are moved from Scotland without consent or without such an order being obtained, it is possible for the parent who does not wish the relocation to take place to ask the court to order that the children should be brought back to Scotland and to allow arrangements for the children to be considered by the court in Scotland. If consent is obtained it is, for obvious reasons, better for such consent to be obtained in writing.
In the event that one parent discovers that the parent with residence of the children is making arrangements to move outwith Scotland, then they can seek to interdict (or prevent) that parent from doing so. Ultimately, however, the court will make a decision in respect of the matter based upon whether it considers that the proposed relocation is or is not in the best interests of the children. Any parent seeking to relocate with children requires to consider various matters and make plans for ongoing contact between the children and the other parent and, indeed, any other family members with whom they had a close relationship, such as grandparents. It is important to make detailed plans in respect of the move. On occasions, experts, such as child psychologists, may be involved and the court may require input from an independent solicitor appointed to report to the court.
There are a number of specific points which are taken into account by the court and those include the children’s views in relation to the matter, depending upon their age and maturity. There are numerous other factors taken into account.
As well as specialising in matters concerning Child Relocation we offer a full range of Family Law services.
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Regardless of the situation, it is important to have an experienced family lawyer who can guide you through the process. Based in Glasgow City Centre, our family lawyers also help clients in Glasgow's West End, South Side, Paisley and across Renfrewshire, Lanarkshire and Central Scotland. Charles Brown is a partner and head of Miller Samuel Hill Brown’s Family Law Department. He is trained in collaborative practice and regularly advises clients on child related matters. He can guide you through the process with sensitivity and objectivity. Contact us on 0141 221 1919 or fill in our online contact form