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Our Resolve. Your Resolution.
Agreeing suitable arrangements for children can be difficult at the best of times once you have separated. Adding in a relocation to a new area or where there is an international dimension can make this especially challenging. Whether you are the parent seeking to move or the parent opposing a relocation, it is vital to be supported by advisers with the necessary specialist skills and experience.
At Harrowells, we have considerable expertise in helping clients in such situations. Our child law solicitors will help you to structure your arguments to achieve your desired outcome, drawing on that experience and our persuasive abilities in the Family Court.
Where necessary, we can work at pace to ensure that your interests and those of your children are appropriately safeguarded.
As part of our advice, we will make constructive suggestions for putting suitable and sustainable, international arrangements in place. The hope is that this will enable you to reach agreement outside of court, but we will represent your interests robustly to ensure an appropriate outcome.
As well as advising on the often complex issues related to child relocation, our specialist family law solicitors will also co-ordinate this, where appropriate, with other aspects including:
At Harrowells, we will listen to what you want to achieve and outline the options available to you.
The fees that we estimate will be explain to you right from the outset. We will discuss funding options with you to ensure it is affordable for you to obtain legal advice before we commence work.
Please note: Harrowells is not able to offer legal aid.
Can my ex-partner take our children abroad without my permission?
If you have parental responsibility for the child (usually acquired by being named on the birth certificate) and there is no Court Order in place, then your permission will be needed even for a holiday.
How is child custody dealt with when parents live in different countries?
The country which will deal with any dispute will be where the child is considered habitually resident.
How far can a parent move with joint custody?
You should not change the children’s school or GP, or enforce onerous travel for contact, so any relocation that requires this must be agreed to first.
Can I move my child without their other parent’s permission?
Not if the move means there will be substantial changes to the child’s schooling or contact with the other parent.
Can a parent take their child on holiday without the other parent’s consent?
Only if you have a Court Order granting permission. You can read more about this subject in our blog ‘Do I need permission to take my child abroad?’.
What can I do if my ex-partner won’t let me take our children on holiday?
If the other parent refuses permission, an urgent Court Application can be made. These are invariably successful for genuine holidays to safe destinations. The other parent may be ordered to pay your legal fees if their objection was unreasonable.
How can you get permission to relocate abroad with a child?
An application will need to be made to the Family Court. They usually take several months to be determined if the other parent opposes the move.
Can I stop my child from being taken abroad?
Yes, you can apply for an injunction, though your reasons must be genuine and in the child’s best interests. The burden to persuade the Family Court is usually on the parent seeking to move.
We are physically based in Yorkshire but we regularly assist clients throughout England and Wales because of our recognised expertise and effectiveness in advising on all aspect of family law.
We are very happy to hold a meeting with you by phone or video call. For more locally based clients, we can meet you at one of our network of offices across North and East Yorkshire. We can be flexible and schedule our initial meeting with you outside normal office hours if that better suits your circumstances.
Contact us today to speak to a specialist family lawyer with the skills and experience to assist you.
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