Monday 9 June 2014

Relocation - thought process

Last year I wrote a post about the legal aspects of relocation after separation: http://lawyerfamily.blogspot.com.au/2013/09/relocation-other-side-of-town-or-other.html. Today I thought I would write about how you might go about the relocation process.

During a separation the possibility of moving you and your children away can be very tempting - maybe it's practicalities, such as a new job in a new city, or simply the thought of a fresh start. But given the complexities associated with the legal process of resolving contentious relocation matters it is important that any decision to relocate is considered and well thought out.

Firstly, have a plan. And think it all the way through. Where will you live? What school will the children attend? Is it as good as their current school? Are there the same extra curricular activities? Who will help you care for the kids? Do you have friends or family in the area who will be a support network to you and the children? If the kids have any medical issues are the same or better facilities available to help them? Do you have a job lined up or job prospects? These are just some of the questions you should ask yourself - and they are also the questions a Court will want answers to in considering an application for relocation.

Secondly, is the move beneficial to your children? And this isn't just about the amount of time they will spend with their other parent - although that is obviously a vital consideration. Think about their support system - their extended family, school, friends, extra curricular activities. Is it the best timing for them - should it be done at the conclusion of the school term or year - or before primary school starts or before high school starts? While the move may seem like a wonderful opportunity to you, it may be devastating to your children. You may wish to think about counselling for them to help them through this change.

Finally, communicate with your children's other parent. Think in advance of what their concerns might be - usually, when will they spend time with the kids and how. Think of extra options like skype or more time during holidays but also think of how you will organise the travel between the two homes. If the two of you are not able to talk you may want to consult a mediator to facilitate the conversation or ultimately a solicitor to put this information to the other parent.

Hopefully this process will mean that the two of you are able to reach agreement in relation to relocation and avoid the Court process.

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