Can I relocate after my divorce?

Can I relocate after my divorce?

So finally it’s all over.

It’s time to move on and start the next chapter of your life.

You’ve got your divorce or you agreed and finalised terms with your partner through the collaborative process.

You would like to move closer to friends and family because the move would give you a support network which might not be available to you at the moment. You know it’s going to be better for the children, a chance for a new start for all of you and new opportunities.

Perhaps even more importantly, the move is away from your partner and the bad memories of the partnership break up.

So, can you relocate without any problems?

What about the opportunities for your partner to have contact with your children – how will he or she react and can you really move away without any problems.

Unfortunately, the relocation idea is not just a decision for you.

You may be on the other end of the relocation decision – your ex-partner wants to move and you feel powerless to stop them.

If you want to move, or relocate away from your current location, then you must first get the approval of your partner – the other parent. If you don’t both agree then you will need to obtain an order from the court.

The court does not have the power to stop a parent from making a decision to relocate but the court can prevent your children from relocating to a new area. If the court makes such a decision then the decision whether to stay or move on is one for you and you alone.

The court will apply a range of principles to determine what is best for the children. Issues taken into account include:

  • The relationship between the children and each parent
  • The relationship between the 2 parents
  • The likely effect on the children as a result of any re-location
  • The reason a parent wishes to relocate

Practical issues such as employment, accommodation, family support and medical needs all play a part in the decision a court will make. The distance between the location of each partner will also be a major consideration.

The desire of a partner to relocate can cause a good deal of upset and volatility and can put greater stress and financial pressure on the partners and children.

So before you make a spur of the moment decision to relocate, just stop and think very carefully about it. Your partner has a major interest in all of this and if you are to relocate then you will need the support of your partner to smooth the way to a hassle free relocation.