A common question received by our attorneys is whether a parent, either in the midst of a divorce, or after the divorce has been finalised, can relocate with their minor child. And, if so, what are the requirements? Here is a brief overview of what you would need to consider before thinking about relocating.
The overarching question and consideration will always be whether the relocation is in the best interest of the minor child (or children as the case may be). You will need to demonstrate that uprooting the child from their primary home, school, friends, and family support, is in the best interest of the child. And yes, it will be considered in the child’s best interest if the relocating parent does so for a higher paying job.
If you are already divorced with a court order, or there is a signed parenting plan between you and the other parent, the factors and procedures applicable to a relocation decision should be clearly listed therein. Make sure to follow the guidelines in the parenting plan or the orders made by the court.
In short, yes. Especially if the relocation will affect their time with the child. Both parents have equal rights in making decisions regarding the minor child including their schooling. So if relocation will affect where the child goes to school, the other parent’s consent will be required.
In this case, you will need to apply to the High Court in your area to obtain an order allowing the relocation. As the upper most guardian of children, the High Court has the necessary powers to order a relocation but also deal with how care and contact between the affected parent and the child be amended.
It is always advisable that you speak to our attorneys before relocating with a minor child, especially if the other parent refuses to consent to such relocation. Book your consultation now.