Child Relocation Solicitors in Birmingham, London and Northampton

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Child relocation is a complex area of the law. That is why it is important to get specialist advice from our specialist solicitors. Whether you would like to relocate your child, disagree with your former partner’s plans or your child has been relocated without your permission, our experienced family lawyers will advise you on your options. On top of this, we can advise on the effects that relocation may have on your existing child arrangements such as child maintenance payments.

Our solicitors always provide practical and honest legal advice so there are no shocks later down the line. To arrange a free, initial consultation, call us on 0300 303 2071 or email info@witansolicitors.co.uk.

Living Arrangements for Children

When parents separate, their children’s living arrangements are a key consideration. In England and Wales, children cannot legally be moved from their country of residence without permission from anyone who has parental responsibility for them or the court. This includes relocation to Scotland or Northern Ireland.

How We Can Help

Our family law solicitors specialise in this complex practice area of law and have an unmatched knowledge of child relocation matters. Whether you want to make an application to the court or prevent your former partner from relocating your child, we will help you achieve the best possible outcome.

With more than 100 years of experience practising family law in Birmingham, London and Northampton, we have been recognised by the Legal 500 for our expertise. Our friendly solicitors understand how emotionally challenging these cases can be. That is why we always take the time to understand your situation and help you determine the best course of action.

Our Family Mediation Services

If you and your former partner cannot reach an agreement about your child’s living arrangements, family mediation provides a cost-effective solution to resolve the dispute. Our family mediation lawyers can help you prepare for the mediation session and even represent you during court proceedings if mediation is unsuccessful.

What If We Were Never Married or in a Civil Partnership? 

If you are unmarried but still have parental responsibility, there is no need to worry as you have the same rights as any married parent.

For same-sex couples, on the other hand, child arrangements will vary depending on how the child was conceived or came into the family. Due to the complexity of cases involving civil partnerships, it is best to seek advice from our experienced solicitors.

How Do The Courts Determine Child Arrangements?

When it comes down to it, your child’s welfare is the main concern of the court. After all, it is usually in the best interests of all children to have regular contact with both parents, as well as contact with extended family. That is why the court will assess whether the proposed living arrangements are practical and will not exclude the other parent from the child’s life.

Generally, the court will take into account:

• Any potential harm or risk to the child
• The child’s age, sex and background
• The potential effects on any existing child arrangements
• The child’s physical, emotional and educational needs
• The child’s wishes and feelings

It is important to remember that the court’s decision will be legally binding. But if your circumstances change, it is possible to apply to change the terms of the order in the future.

Do I Have to Go to Court?

While there is no legal obligation to go to court to decide the arrangements for your children, it can be beneficial to have a written agreement in place if things between you and your former partner change in the future. Our legal experts can help you get your agreement approved by the court so that it becomes legally binding.

If you cannot reach an agreement amicably, the court will decide your case for you. Bear in mind that the court will expect that you have tried to negotiate between yourselves and considered alternative dispute resolution processes such as mediation before it will hear your case.

Will I Have to Face My Former Partner?

While maintaining a healthy relationship with your former partner for the benefit of your children may seem simple, we understand that it can be difficult for parents to face their exes.

If you are finding it challenging to discuss issues that arise about your children’s upbringing, mediation can help you reach an amicable resolution. With the help of an impartial mediator, you and your former partner can create the basis for a good co-parenting relationship going forward.

Understandably, if you were a victim of domestic violence, seeing your former partner may be extremely difficult for you. But the good news is that we can put measures in place so you can present your case without having to see your ex.

Funding Options

We are committed to supporting as many families as possible. That is why we provide a range of alternative legal funding options so that you can get the legal advice you deserve without having to pinch your pockets. Learn more about our legal funding arrangements.

Why Choose Witan Solicitors?

Established in 2014, our team of family law experts have a wealth of experience handling child relocation cases. We understand that the living arrangements of your children can be a contentious issue when the relationship with your former partner breaks down. But there is no need to worry. With our practical and timely advice, you can be confident that the best possible outcome will be achieved for you and your child. With us, you benefit from:

• Over 100 years of family law experience
• Representation from a Legal 500 law firm
• Practical and jargon-free legal advice
• Proven track record of successfully handling child relocation cases
• Child relocation solicitors in London, Birmingham and Northampton

FAQ

Do I need to take my former partner into consideration before relocating with my child?

Yes, even if your child lives with you or spends the majority of their time with you, you cannot relocate your child without the permission of your ex or that of the court.

Can I prevent my former partner from relocating my child within the UK?

Depending on the circumstances, if you have not given your ex-partner permission to relocate your child, they must apply for a court order. The court will make a decision based on the welfare of your child.

If your former partner has already relocated your child without your consent or a court order, you can apply to the court. If the court agrees with you that relocation is not in your child’s best interests, they will order your ex-partner to return with your child.

What if my child has been relocated to another country?

If your child has been relocated to another country without your permission or a court order, your former partner may have committed child abduction. In such cases, it is crucial to seek legal advice at the earliest opportunity. Our child relocation lawyers will help you reunite with your child.

Do I have the right to choose where my child lives if they live with me?

No, even if your child lives with you for the majority of the time, you still need to get the consent of the other parent before relocating within or outside of the UK.

Will my marital status affect my rights?

No, if you and your former partner were never married, you still have the same rights as any married parent.

What if we were a same-sex couple?

Your child’s living arrangements will depend on how they were conceived or joined the family. To learn more about your rights as an LGBT+ parent, contact our family lawyers today.