RELOCATION

Parents who have full parental rights and responsibilities are entitled to decide where their child should live. They both have an equal say. 

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Agreement to relocate

If both parents decide they are happy for their child to relocate with one parent we would strongly advise you enter into a legally binding agreement which sets out in detail the agreement which has been reached and the contingencies for breach of the agreement. 

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If no agreement

If one parent does not agree to the relocation a court order will be necessary. An application can be made to the Sheriff Court nearest the child’s main residence. The parent seeking relocation will have to demonstrate that the proposed move is in the child’s best interests.

 

There are many factors which the court will take into account when determining this issue such as: 

• The reasonableness of the move 

• How contact operates at present 

• How contact will operate after relocation 

• The views of the child 

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The onus is on the parent seeking the relocation to demonstrate to the court why the child will benefit from the move. 

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Preventing relocation

If one parent becomes concerned that the other parent will simply remove the children from their main residence and in effect relocate with them without obtaining their consent or an order from the Sheriff Court, they can apply for an order preventing the children from leaving the jurisdiction of the court. This is called an Interdict. 

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Flexibility

Flexibility is key to any agreement or court order so it can change as necessary as the child grows up and has different needs and circumstances.