Relocation

Relocation

Relocation can often be an issue for couples when they separate. This is where one parent wishes to move to another country with their child/children which can often be their country of origin.

If a parent wishes to relocate, they need to obtain the consent of the other parent who has legal guardianship. If this is not forthcoming, an application to the court will be necessary in order to obtain permission from the court to remove the child from the jurisdiction.

It is quite common in relocation cases when matters are not agreed for the court to appoint an expert to carry out a S.47 report to provide recommendations with regards to where the child should live. The best interest of the child shall be a primary consideration in securing agreements and resolving disputes in matters of child relocation.

If a parent chooses to remove a child from the jurisdiction without permission or a court order this may constitute as child abduction which may result in serious consequences for that parent and a return of the child to Ireland under the Hague Convention.

If relocation is a matter that is relevant to your case, it is strongly advised that you seek independent legal advice before taking any action in relation to this.

For further information, Contact Carol McGuinness and follow us on LinkedIn for regular updates.

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