Moving away once a relationship is over
You have decided that once the divorce or separation is over, then it's time to move a long way away.
This is not a decision you can make alone. Such situations can be volatile and cause a great deal of stress and financial pressure on your family.
You would like to move back closer to friends and family for support or perhaps a destination that offers a change of lifestyle. It’s going to be better for your children, a fresh start, new opportunities. More importantly, it’s away from your partner; they will have less contact with the children, that’s got to be a good thing.
Unfortunately, this relocation idea is just not your decision alone. You may also be on the other end of a relocation decision: your ex-partner wants to move and your feel powerless to stop them.
The Family Law Court refers to cases where a parent applies to moves some distance away with their children as “Relocation.”
If you, as the parent of a child or children, wish to relocate, you must first obtain the consent of the other parent. The two of you may not agree. If this is the case, you’ll need to get the decision of a Family Law judge.
The court does not have the power to stop a parent relocating. But it can prevent your children from going to a new area with you. The Court can order that your children stay in the current location. In this situation, it is then your decision to move or remain.
If you are ready for practical, down to earth advice, contact us to arrange an initial consultation.
The court applies a range of principles to primarily determine what is best for the children.
Issues taken into account include; the relationship between the children and the parent who is remaining, the relationship between the two parents and the likely effect on the children as a result of the relocation.
Practical reasons such as employment, accommodation, family support, medical needs all play a part in the decision. The distance between the two partners is also a major consideration and how the children will continue to have a meaningful relationship with the other parent if the distance is really huge and how and visits will between the children and the other parent will happen.
Right now you probably have countless questions and arguments running through your head. That’s understandable.
Would you benefit from talking to Jane Guerin for to resolve your most immediate questions? Jane will review your situation and give you the practical advice you need right now.
The answer will help determine the best course of action for you and your children.
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