One of the biggest challenges for a separated couple is a child's future welfare. This can be a very difficult time from an emotional perspective as both adults may realise that they may no longer see their son or daughter as much as they did before. It can be a difficult path to manoeuvre and may often involve court orders to ensure that the child's needs are met. Yet if you've already been down this road and arrangements have been made, what happens if one of the adults wants to move away and take the child? What options do you have in this situation?

The Power of the Court

If this matter goes in front of the court, they will want to ensure that any move does not harm the child's welfare and future. In fact, the family court has the power to stop such a move from taking place or, more specifically, stop the child from accompanying the adult if they still decide to move.

Considering the Needs of the Child

The court will always want to compare the situation as it is now with any future plans. They'll want to review the support that is available to the child at the present time based on the current locations of both adults. The court will want to see that this support is of an equal or better standard at the new location and also want to review the financial circumstances of the parent seeking to move.

Ideally, the child should have a meaningful relationship with both parents, and as this is likely to be more of a challenge based on distance, the court will look closely at this area.

Assessing the Options

If you are the parent intending to move, you should discuss the situation with the other adult at length. Ideally, you should come to an arrangement that is palatable for both sides but always with the child's best interests to the fore. If the other adult objects, then they can apply to the court to block the move. In this case, they may modify any parenting orders to include a clause restricting relocation.

Putting Forward a Case

Should there be any disagreement between the parties, this can turn into a very challenging case. Therefore, it's always a good idea to get support from an experienced family lawyer, no matter which side of the equation you are on. They'll help you put a case to the court as necessary to back up your position, giving you the best chance of success as the courts deliberate. 

For more information about family law, contact a local company.