You may have just separated from your partner and could be worried about how often you will see your children and where they will live. At Emmersons Solicitors our specialist family lawyers often advise our clients about their options when things seem quite raw. However we also help clients who wish to move away and take the children with them or whose ex-partner wishes to move away
In an ideal world, when parents separate, children should see each parent on an almost equal basis. This can become difficult depending on where each parent lives and their work schedules. We are asked by our clients what should happen if they needed to move out of the area. For example, the mother who wishes to move from the North East to Scotland, as she is in a new relationship with someone new who lives in Edinburgh. If the children live with her and visit their father two or three nights per week, she may assume she has the right to take the children to Edinburgh with her. Or what about the client who wishes to move abroad and either take the children with them or sort out travel for the children to and from their new home? As you can imagine, this is a big issue. It is quite fundamental as to whether you can see your children regularly or not and will have a huge impact on both parents and children.
Where this cannot be agreed upon between parents, it is dealt with in Court by way of a Specific Issue Order. Or, if you wish to make an urgent application to prevent your child from being moved away, a Prohibited Steps Order.
The Court will want to know answers to the following:
Where will the child live?
Who else will live in that household?
Why is the parent moving away?
Will the parent have sufficient money to look after the child in the new location?
How will that parent make sure that the child sees their other parent regularly?
How will this be funded?
How will the child’s quality of life be impacted?
Each case will be decided on its facts, using what is known as the Welfare Checklist, and in many cases, a Judge may determine that the parent who wishes to take their children away from their home town is not permitted to do so. This is all about finding a balance between the needs of parents and their new lives, the needs of children, and their right to see both of their parents regularly. How your children feel about such a move is also an important question.