Family law update

Divorcing parents tend to communicate better when going through mediation, which is all for the better particularly when children are involved, says Austin Chessell

The growth in cheap flights and increasing employment prospects arising from globalisation has made it more common for separated parents to consider permanently relocating abroad and wanting to take their children with them.

In such cases, consent needs to be given by the non-relocating parent for the relocation to take place, which is rarely easy to obtain, as it inevitably creates further tension between the parents and re-opens the pain experienced during the initial post-separation childcare discussions. The non-relocating parent often fears losing all contact with the child if relocation happens. Where relocation is contested, it is worth considering what the main legal principles are which determine whether the relocation should take place and whether consent is best obtained through the courts or by mediation.

In my experience, mediation is often more successful where parents have a good understanding of these legal principles and 
can then use them to shape their own 
relocation agreements.

Related Link: Solicitors Journal

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