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Relocation of Children / Recovery Orders

Relocation of Children / Recovery Orders

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Relocation of children is one of the most contentious areas of family law

Relocation of children leads to many court cases as often parents are unable to reach agreement about whether one parent should be able to relocate a child.  So often people do not get advice and a failure to get early advice is much more likely to lead to both parents going to court. 

A parent who moves a child without the consent of the other parent is likely to lead to a court Application being filed and a parent seeking a Recovery Order.  A Recovery Order can be made by a court in interim circumstances where it is found that a move has been premature.

Getting advice as early as possible from an experienced family lawyer is crucial regardless of whether:-

  1. You are thinking about moving with your child; or
  2. You are worried that your ex may be about to move with your child.

Seek advice early

Early advice is essential to adopting the best strategy in this contentious area.  If you are the parent wanting to:-

  1. Move - it is essential you give yourself as much time as possible to prepare for a move.  There are many steps which can be taken to improve your chances of successfully being able to relocate a child.  The more time you have to develop the case, once you know what evidence you need the better your chances of being able to successfully move.
  2. Stop a parent from moving - it is important to be clear and unambiguous in objecting to a move before it happens.  You will always be in a stronger position to set out your objections prior to a move occurring.  Again, early advice will allow you to develop your best defence to an argument that a child should be able to move.

Developing a good strategy in this area can make the difference between a child being able to move with a parent or being required to stay.  For you to be successful, you should avoid being reactive, and take the initiative and get early advice as soon as possible. 

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