Family Law - Child Relocation, Child Custody, Parenting Plans

Unilateral relocation by a parent away from their present residential address (for whatever reason) with whom a child lives can cause great distress for all parties involved and lead to expensive litigation if not handled thoughtfully and properly.

Relocation by a parent with whom a child lives with usually causes difficulties for the uninterrupted and continued implementation of any arrangements (Court Ordered or otherwise) for a child to spend time with the other parent or other significant persons in the child’s life such as grandparents, aunts and uncles.

If there are formal Court Orders or a Parenting Plan in place or there are informal arrangements that you haven’t gotten round to formalising don’t just unilaterally relocate thinking everything will sort itself out later. IT WONT!

The best approaches to take if this situation occurs and you are the primary care giver of the child is make an appointment to discuss your situation with the other party (or parties) and try to make/reach an alternate agreement with them. To offset the inconvenience that might be caused or the loss of time and or added expenses that moving a great distance away from the present locality might cause you might have to offer more generous time periods for the child to spend with the other parent, and or offer to pay the costs of spending such time. Then you should put any new agreement into writing (either consent orders or a parenting plan) and have it signed by the other party before making an application for the new arrangements to become Orders.

If you and the other significant person in the child’s life can’t agree to new arrangements you can then apply to the Court for Orders allowing you to relocate with the child. The Court will assess your application along with any objections raised by the other significant person and make a decision based on what is in the best interests of the child.

If you simply pack up and go away you may be taken to Court and have Orders made for you to return with the child until such time as new Orders have been made. Don’t take a chance that the other significant person will do nothing, they probably will. If you have any doubts you should contact a solicitor as soon as possible.