It is not uncommon for one party to consider moving abroad after a divorce or separation. This is sometimes opposed by the other parent with parental responsibility. In those instances, it is vitally important to seek legal advice. On occasion, it can be necessary to file an application with the Court for permission to relocate. The Court will consider several factors including (where appropriate) the wishes of the child, where the child will live, the education they will receive and the arrangements for contact. Early intervention from a legal team with expert knowledge can greatly assist the outcome of cases, particularly with complex international elements.
In some cases a move abroad is agreed between the parents. Often there is a presumption that this scenario should make things more straight forward. However, it is sometimes the case that in order to obtain the necessary VISA, there will need to be a Court Order. Whilst this scenario does not involve tension between the parties, it is important to seek legal advice at the early stages of the process. Our family law solicitors can assist with completing the necessary paperwork and also drafting the order that would be required to satisfy the VISA requirements.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.