Lifestyles are becoming increasingly international and it is not uncommon for relocation issues to crop up between separated parents. These can involve not only a dream job, but perhaps a parent wishing to return to a country where he or she has a strong connection before the relationship, or a move to be closer to a new partner.
These types of scenarios are becoming more frequent and can throw post-divorce arrangements for children into disarray, wiping out the previous effortsto establish suitable residence and contact arrangements.
If the parents cannot agree a solution to a relocation request – either themselves or through lawyers or mediators – the case will often end up in court – it’s hard to find middle ground between relocating children to Australia or staying put. Even where one parent wants to move somewhere closer to home, there can still be deadlock over the frequency of contact, and the financial implications of the new arrangements.
The difference between moving abroad and relocating within the UK
A parent wanting to take their children to live abroad must obtain a specific issue order from court to allow him or her to do so if the other parent will not consent.
A parent must get the permission of the other parent to take children out of the UK (even on holiday), but they do not technically need to do so within the UK. House moves within the UK are less clear cut as parents have to cooperate on welfare issues affecting their children. The parent objecting to the intra-UK move would need to obtain an interdict preventing any such move until the issue is resolved by a court.
So, a potential move should be discussed well in advance with the other parent to prevent an unpleasant last minute dispute and a potential legal order stopping children being taken out with the court’s jurisdiction at a stage when arrangements are advanced, perhaps with a house purchased or a job offer accepted. If it is known in advance that a move will be strongly opposed, the best thing to do would be to seek advice from a family lawyer to raise a court action.
The best interests of the children are paramount when dealing with relocation issues in court, and particular attention is paid to the ability of the children to maintain a close relationship with the non-relocating parent and extended family left behind. This is easier said than done if a parent is moving from Edinburgh to Glasgow rather than from Edinburgh to Adelaide. The parent looking to move must have sensible and well-considered plans with accommodation, employment and schooling all carefully thought out and, of course, considering the children’s views.
In a recent case, a mother wanted to return to her home country of Sweden following the end of her marriage. She had the support of her extended family there, along with housing, job prospects and the child was bilingual. She had few friends or family in Scotland, and was deeply unhappy.
The father was opposed to the move as he saw his son two or three days a week which would not be possible going forward and he was anxious to maintain a close loving bond with his son. A court action was raised, and during the course of it the father agreed that the child could move abroad on the basis that during the extensive Swedish school holidays, his son would be brought back to Scotland by the mother. He would then have extended blocks of time with him rather than regular shorter periods. It involved compromise on the part of both parents. The mother had to accept that she would have little in the way of holiday time with her son and the dad had to accept that he would go longer periods without contact. It was agreed also that Skype and telephone calls would be frequent to keep in touch in between visits.
Legally and emotionally, these circumstances are difficult for all the family members, and there is no easy solution to relocation issues. But as careers and relationships become more international and mobile, it’s a situation that more and more families may find themselves facing.
