We’re Divorced And I Want To Move To A Different County
Divorce is often a catalyst to reassess everything about your life, and where you live is a big one. For some, this means moving to a nearby property which doesn’t impact the children’s schooling or time spent with the other parent. For others, it’s moving further, perhaps to another county in England to pursue a new job opportunity, or even abroad.
Obviously, this then has a big impact on the time your children can spend with their other parent. These decisions can be extremely hard to navigate, and you should always get specialist legal advice as everyone’s circumstances are different. But as a starting point, it’s important to know that the Family Courts don’t apply a presumption that you can move with the children.
As a first step, you should consult with each other about the move. If you don’t agree, either of you could apply to the Family Court and a Judge would ultimately decide whether your children can move or not. The test they apply is the welfare principle: what is in the best interests of your children? They will weigh up each of your proposals against each other. So the sooner you can sit down and discuss the proposals, what they mean for the children, what alternative options there are, the sooner you’ll be looking at it as a Judge would.
Many couples need help with this, either by getting joint legal advice or in mediation. But don’t rush into a knee-jerk move, or assume a Court will agree with your plans. Talk to each other first of all, get some legal advice, and then see if there is a way forward you can both agree on for the sake of your family as a whole.
If you have more questions about this topic or any other legal issues arising on divorce or separation, please do get in touch as we are always happy to help. You can call us on 0203 488 4475 or email contact@thedivorcesurgery.co.
Author Name: Editor
Published content by The Divorce Surgery Editorial Team.
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