RELOCATION: is the world my oyster?

As people become more mobile, and the world seems to become a smaller place, one of the trends in Family Law in the last few years has been an increase in solicitors being consulted when a parent with residence of a child wishes to relocate with the child.  This may be due to work opportunities, the breakdown of a relationship and a desire to return ‘home’, a wish to pursue a new relationship.

If you are considering moving with your child to another part of Scotland, the UK or even worldwide then it is important that you take legal advice at an early stage.  Often these cases can be resolved by negotiated agreement, but taking legal advice at the outset can assist in resolving matters amicably, for example by agreeing contact with the non-resident parent.  In certain circumstances (i.e. when removing a child from the UK) you must have the consent of the non-resident parent before moving the child.  In other situations, if a proposed move will impact the non-resident parent’s exercise of parental rights and responsibilities (i.e. their contact) that parent may be able to obtain a court order preventing the child from being removed from the home area until the dispute is resolved.  In each of these situations, advice from an experienced family law solicitor is invaluable.

Regrettably, sometimes it is not possible to reach agreement, and the matter must be determined in the courts.  Every case turns on its own facts but, as in all decisions involving children, the law provides that decisions must be based on the ‘best interests’ of the child involved, and not the parent, however worthwhile their reasons for seeking to move are.

Drummond Miller were successful earlier this year in the case of JM v GF representing a Mum who sought to relocate with her daughter to the south of England.  The child’s Dad objected to the relocation, and evidence was heard in Perth Sheriff Court over a 5 day period.  Ultimately the Sheriff held that the proposed relocation was in the child’s best interests, and the relocation was allowed.  This was because, with the assistance of her solicitor, the Mum was able to satisfy the court that the arrangements for her daughter’s care and upbringing in the event of relocation were better than the status quo and, as such, a move was in her best interests.  The decision can be read here.

It is important that both parents who wish to relocate, and parents who wish to prevent the relocation heed the words of Sheriff Collins in JM v GF: “What is clear however is that there is no presumptive rule or guideline tending to favour the wishes or interests of either parent, and the weight to be given to such wishes or interests must, as with any other factor, be given such weight as the court deems appropriate in the particular circumstances of an individual case.”

If you are considering relocating with your child, or if you are concerned your former partner may intend to do so, one of our experienced solicitors would be happy to provide you with advice on this, or any other family law matter such as separation, divorce or issues involving children.  Please contact one of our family law solicitors based in Edinburgh, Bathgate, Dalkeith and Musselburgh.