MOVING AWAY

parent wants to change a child’s name.

If consent can’t be obtained, a parent may need to apply for a Specific Issue Order to gain the court’s permission.

If you’re the parent wanting to stop the other party taking the child abroad, you can be proactive and apply to the court for a Prohibited Steps Order.

You may need to make the application on an urgent basis, too, explains Ann.

“We’ve seen a rise in the number of clients who have been stopped at the airport when trying to take their children out of the country, so taking a letter signed by the other parent is a wise precaution,” she adds.

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AFTER divorce or separation, a parent may wish to move away with the child/children. The relocation would be considered as either an internal relocation (i.e. somewhere in the country), or an international relocation.

Ann explains that, if an internal relocation is a substantial distance away and will involve the children moving schools, a parent will need the consent of the other parent with PR, and anyone else who has PR, or a court order if consent can’t be obtained.

If the proposed move is abroad, she says the written consent of everyone with PR will again be required.

If the proper consent isn’t obtained, a parent may be committing a criminal offence, and Ann says that because of how serious this can be, legal advice should be sought to ensure a parent has secured the correct consent.

Getting divorced doesn’t remove PR (Parental Responsibility) from either parent, and it can continue to be shared

Ann Robinson, a family law expert at Blacks Solicitors