Wealden Times | WT163 | September 2015 | Education supplement inside
Wealden Times - The lifestyle magazine for the Weald
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InteriorShutterCompany<strong>WT163</strong>.indd 1 10/08/<strong>2015</strong> KarlTerryWT118.indd 15:54<br />
1 19/12/2011 09:41<br />
SC TNESC AD V1.indd 1 03/06/<strong>2015</strong> 09:54:55<br />
Can I move abroad with my children if<br />
I am separated or divorced?<br />
If you want to live out of the jurisdiction<br />
of England and Wales with your children,<br />
and either have never married or you are<br />
separated or divorced, and your former<br />
partner has Parental Responsibility, you will<br />
need their consent to make such a move, or<br />
an order of the court.<br />
A decision to move abroad with children<br />
under the age of 18 is a serious one and any<br />
application to the Court is scrutinized very<br />
carefully. The overriding consideration is<br />
the welfare of the children.<br />
What is clear is that if an application to the<br />
Court for leave to move abroad is made<br />
there must be meticulous preparation of<br />
the application and the evidence to be<br />
presented. In every case the parent’s plan<br />
for him or herself and the children will be<br />
scrutinized, investigated and questioned<br />
until the Court is satisfied that the welfare<br />
of the children is met.<br />
At ThomasHaywood we have experience<br />
of such cases and if you would like to<br />
discuss this further, please contact<br />
a member of our family team.<br />
Sarah Haywood is head of our family<br />
department. Contact her on 01892 765013<br />
or sarah@thomashaywoodsolicitors.com<br />
It is recognized by the courts that the effect<br />
of refusing an application can frustrate the<br />
future life plans of a parent and give rise to<br />
a feeling of being trapped in the UK. If that<br />
feeling leads to stress, anxiety and a decline<br />
in emotional well-being that would impact<br />
on tha t parent’s care of the children, this<br />
would then impact on the child’s welfare.<br />
Sarah Haywood<br />
Specialist family solicitors in<br />
Tunbridge Wells and Maidstone<br />
Calverley House, 55 Calverley Road,<br />
Tunbridge Wells, Kent, TN1 2TU<br />
01892 765013<br />
www.thomashaywoodsolicitors.com<br />
www.wealdentimes.co.uk<br />
54<br />
ThomasHaywoodSolicitors<strong>WT163</strong>.indd 1 17/08/<strong>2015</strong> 10:21
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