Family Law
Family Law06 March 2019 Written by James & George Collie

kidA matter which is becoming increasingly prevalent, particularly in the North East of Scotland which houses a fairly transient population, is the situation whereby after a couple have separated, one of them requires to move either to another part of the United Kingdom or possibly with more profound consequences, to another Continent.  Clearly, this is a matter with potentially deep lasting effects not only for the parent with care of the children but also the parent with whom the children do not live and, more importantly, the children themselves as this will not only involve the children moving to a different part of the country but potentially a different part of the world.

 

It goes without saying that matters such as these should, in the first instance, always be discussed between the parties.  Obviously, this, in many instances, is neither practical nor conducive to matters being resolved by agreement and, unfortunately, as is becoming all too prevalent nowadays, the matters must be decided by a Court.  Until fairly recently, there were scant few recorded cases on this subject but these are starting to filter through.  In deciding such cases, the Judge will consider a number of factors including the reasonableness of the move, the motive of the parent with care wishing to take the children away, the importance of the children’s relationships with the family who will be left behind, the amount and frequency of Contact with the parent who remains behind, the children’s views (if they are of an age to express them), the effect of the move on the children, the effect of refusal to move on the parent with care and the effect of refusal to move on the welfare of the children.  The Court also have to satisfy themselves that a satisfactory level of continuing contact would realistically be achievable.  At the end of the day, the best interests of the children are of paramount consideration.  It also goes without saying that such a move affects a considerable number of people and it is best that any possibility that these may be raised, be raised at the earliest possible juncture to avoid, as far as possible, as a Court action can not only be financially expensive but also emotionally destructive.

 

For further information, please contact any of our Family Lawyers,

 

Susan Waters, Telephone Number: 01224 581581, Email: This email address is being protected from spambots. You need JavaScript enabled to view it.,

 

Hayley Mitchell, Telephone Number: 01224 581581, Email: This email address is being protected from spambots. You need JavaScript enabled to view it..

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