Summer Holiday Relocation Warning

It is that time of year again where I start to warn clients about possible relocations, without consent, that happen during school holidays. 

The school summer hoidays are the perfect opportunity to relocate a child without informing the other parent because there are long periods of time between contact and with the child not being in school, the chances are no one will even notice until it’s all too late.

Even if a child does not have any contact with the other parent, the parent they live with cannot relocate that child without the consent of the other parent who has Parental Rights and Responsibilities (PR). PR also extends to decisions parents make about schooling, religion and medical matters.

No parent can unilaterally make decisions without the consent of the other.

If you have any reason to believe that your ex partner is planning to relocate your child, without your consent, you should not hesitate to act. The best action through the Court is to obtain an Urgent Ex-parte Prohibited Steps Order (PSO). The Ex-parte element means you can go straight to Court without advising the other parent you are making the application, because that in itself can sometimes result in the parent wanting to move fast-tracking their plans and disappearing, thus presenting a fate accompli.

Once the PSO is in place, then discussions and Court proceedings can commence, but if you leave it too late and the child is relocated, while there is case law to return them, too often this is not implemented and the child has gone, then you are on the back foot fighting for what contact you can get. Speed is of the essence in these cases.

Hesitation, or fear of “upsetting” the other parent, can cost you your child it is as simple as that.