If you are planning to relocate with your children following a divorce, it is vital that you understand the legal implications of doing so. Before you can legally relocate, you will need to convince the family court that the move is in the child's best interest and that the move does not break any pre-existing agreements made with the court. Read on to find out more about what the court will want to know when assessing your potential move.

The reason you wish to move

The first thing the court will seek to establish is the reason why you want to relocate with your kid. The court will typically look more favourably on reasons that directly relate to the child. For example, if you wish to relocate so your child can attend a better school, a court will probably look favourably on this matter. For reasons relating to your own life, such as having to relocate as part of a new career, your lawyer can argue that this move is necessary as it will enable you to better provide for your kid. However, if your move is fuelled by the desire to place a greater distance between you and your partner, a judge may rule that it is not in the best interest of the child and could issue a court order preventing the move.  

The amount of contact between your ex-partner and child

If you wish to move a considerable distance, you can improve the prospects that the court will rule in your favour. One of the primary things the court will consider is if the amount of contact between your ex-partner and your child will be affected. If you can show that you have taken steps to ensure your ex-partner will still have access to your child, your chance of success will improve.

How your child feels

Even if you can make a strong case for the reasons you wish to relocate with your child, the court will always want to hear from the child themself so they can establish their wishes. A court may order a social worker to conduct an interview with your child so they can establish how the child views the potential move and its likely impact on the child. This will help the court to make an informed decision.

If you are interested in finding out more, you should make contact with a family lawyer.