In the UK, divorce is an unfortunate commonality. According to recent statistics, around 42% of marriages end in divorce – representing a large number of fractured family units each year. Separation is not easy, and the process can become much harder where geographic issues arise.
If a parent wishes to move to another country without their child, there are few things that need to be done – besides a potential formal agreement regarding custody. But in situations where a parent wishes to take their child with them, the situation can get a little sticky – both for the parents and the child. The child is the most important part of the equation, so how could a potential relocation best serve the child involved?
Legal Considerations
The first considerations, naturally, are legal in nature. Legal requirements can often rub up against the wishes of specific parties in a separation and relocation, particularly with regard to the child. It is the family lawyer’s role to sift through the legal ramifications of a move to another part of the country, or indeed another country entirely, but understanding the mechanisms at play can make serving the child’s best interests all the easier.
As intimated earlier, any parent’s decision to move out of the country is not one that can be made unilaterally. A judge will inevitably have some form of say in the move, whether with regard to new custody-sharing arrangements or with regard to disallowing the move entirely – without concessions from the moving parent. While there are arrangements that can be made beyond the legal setting – as we will examine shortly – the process of relocating with a child is inherently a legal one.
Put the Child First
Inside or outside of the courtroom, the only surefire way to serve the best interests of the child in a potential relocation situation is to put the child first at every step. On a base level, this might mean reckoning with the reason for a relocation. If a parent is purely in search of a new adventure, and intends to wick the child away from the other parent in search of it, this would not be putting the child first by any means.
On a more subtle level, this might involve reckoning with the specifics of a given move. If a profoundly impactful career move inspires a potential relocation, with major benefits for the child in the event of a relocation, the weighting towards a relocation might be far stronger.
Baby Steps
The child’s feeling about the move, while carrying less weight than tangible factors such as parental access, healthcare and life prospects, are nonetheless crucial to account for and manage during a potential relocation process. Where a relocation with a child is granted, the child should be given ample time to process the move – and edged towards the move via baby steps. Small movements can make the process much smoother, and much simpler for all involved.
