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After a separation or divorce, parents can feel isolated. If the parent originates from another country, this can in turn lead them to consider moving back to the country where they originally came from and back to their immediate family.  But choosing this significantly separate path to your ex-spouse can be complicated when children are involved.

Automatically, both the child’s mother and father have parental responsibility, regardless of where the child mainly resides.

For parents with sole responsibility of their child, where there is no disagreement with the party, there is no problem moving the child abroad. However, for parents with joint responsibility and joint interest in the children, it is essential that they communicate to reach an agreement regarding the possible relocation and on-going arrangements for the child. Ultimately, oral or preferably written consent must be obtained from the party remaining in the country where the child originally resided (often referred to as the “left-behind parent”).

In an ideal world, conversations between parties would be smooth, the relationship amicable and an appropriate agreement reached. However, it is often the case that one parent disputes the idea of their children moving overseas and withholds their consent. The reason is usually the loss of contact with the left-behind parent. This is not fanciful; many studies have shown that without clear practical arrangements being established from the start, contact often falls away quickly.

If the dispute did escalate and was taken to Court, the person seeking to relocate would need to provide legitimate reasons as to why they wanted the child to be taken abroad; and for the parent at risk of being “left-behind”, why the child should stay put. The Court will base its decision on the best interests of the child. The strength of feeling of the parent wanting to “go home” is not necessarily a guide to what is best for the child, although it can be.

To properly understand your legal rights, discuss your situation with a solicitor with knowledge and familiarity with issues regarding relocation, and can advise you of the best way to pursue your case, both for your good and the good of your child.

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Brookman Solicitors

66 Reviews

Jen Ade 23/07/2020

I had an initial consultation and Henry was well prepared. He gave great advice and followed through quite quickly. He was very helpful.

Chris Mullins 15/07/2020

Henry and team were most professional, considerate and efficient when handling the financial proceedings owing to my overseas divorce. I recommend their services highly. International circumstance was at first to me most daunting and confusing, given each country had its' own unique approach. Thankfully Henry was knowledgeable of the law on either side of the seas and able therefore to provide best guidance and reasoning to me which enabled favourable settlement!

Wim Jansen 24/06/2020

I contacted Brookman to ask for information regarding the validity of an international divorce court ruling. They were very quick in providing me with the right information. When I had another question a few months later around children matters I phoned them again and after taking some background information and contact details they booked me in for a free telephone consultation with 1 of their partners Talitha Brookman. She spent half an hour of her time explaining to me what I could expect and provided legal advice. All was free of charge. I would not hesitate to contact them again should any matter become more formal and have to go through court. The service has been quick, professional and very friendly.

Rebecca Brown 01/06/2020

Highly recommend this firm. Having searched around different firms for advice for some time, I had a free consultation with Henry Brookman. He was incredibly knowledgeable about my complex situation, gave straightforward advice and empowered me to understand exactly how I need to proceed.

Nik Carter 10/05/2020

I recently had a free initial consultation with Henry Brookman via video conference. He was considered and meticulous in his approach and gave me well thought through advice. He followed this up with a letter in writing summarising the advice he gave me. I would thoroughly recommend his services to anyone looking for legal representation in a divorce.