There are many reasons why a person might wish to relocate following the breakdown of a relationship: perhaps they want to move closer to family or a new partner, or have a new job. But how straightforward it is to relocate when the party who wants to do so wishes for the child of the former relationship to relocate with them?
It is an offence for a parent to remove a child who has their place of residence in Scotland from the UK without the consent of the other parent (if that other parent has parental rights and responsibilities) or an order of the court. The law is less defined when dealing with inter-UK relocation. Generally speaking, where such a move will impact on the contact arrangements between the child and the other parent, consent of the other parent should be sought, failing which, a court order allowing the relocation will be necessary.
If the court were required to make a determination as to whether a parent was allowed to relocate with a child of the former relationship, the following factors would be included in considering whether to allow the relocation:
- The reasonableness of the proposed move.
- The motive of the parent wishing to relocation with take the child.
- The importance of the contact with the other or absent parent in the child's life.
- The importance of the child's relationship with siblings, grandparents or other members of the child's extended family who are left behind.
- The extent to which contact (if appropriate) is able to be maintained.
- The extent to which the child may gain from a relationship with family members as a result of the proposed move.
- The child's views, where he or she is of an age to express them.
- The effect of the move on the child.
- The effect of refusal of the relocation on the applicant.
- The effect of refusal on the welfare of the child.
- Whether it is better for the child to make the order than that no order should be made.
These factors are simply a guideline and others may be relevant depending on the circumstances of the particular case.
If you have any queries about relocation, or would like legal advice in relation to parental responsibilities or separation, please contact the Family Law Team at Drummond Miller.