Child Relocation Solicitors in Scotland
Child relocation cases can be amongst the most emotionally charged disputes in family law. Our experienced solicitors provide honest, strategic advice whether you are seeking to move or opposing a move.
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Expert legal advice on child relocation cases, protecting your relationship with your children.
Child relocation arises when one parent wishes to move with a child to a different location, whether within Scotland, elsewhere in the UK, or abroad. Where parents hold parental rights and responsibilities jointly, the consent of the non-relocating parent or a court order is required.
A relocation that takes a child outside the UK without the consent of the other parent or a court order may constitute child abduction, which has serious legal consequences. Our team acts quickly and decisively in relocation cases to protect your position.
A team with extensive experience across the full range of family law.
Glasgow, Aberdeen and Edinburgh, with telephone and video appointments available throughout Scotland.
Focused advice from a family solicitor, followed by a written assessment and a tailored fee estimate.
A dedicated family law team handling everything from straightforward separation to complex financial and child law disputes.
How Do We Advise on Child Relocation Cases?
At Kee Solicitors, we understand that relocation cases can be amongst the most emotionally charged disputes in family law. Whether you are the parent seeking to move or the parent opposing it, our experienced team will give you honest, strategic advice to help you navigate the process.
Applying for permission to relocate or opposing a proposed move.
If you wish to relocate with your child and the other parent does not consent, you must apply to the court for a specific issue order granting permission to relocate. The court will assess the application by reference to the best interests of the child. To succeed, you will generally need to demonstrate that the proposed move will benefit the child in concrete ways that outweigh the impact on the child’s relationship with the non-relocating parent.
If you are the non-relocating parent and you object to the proposed move, you can apply to the court for an order prohibiting the relocation. Where there is an immediate risk of the child being removed from Scotland without consent, we can take urgent steps to prevent this, including obtaining an interdict on the same day if the circumstances require it.
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Frequently Asked Questions: Child Relocation in Scotland
Common questions about child relocation cases in Scotland.
Can a parent move abroad with a child without consent?
A person should not remove a child habitually resident in Scotland from the UK without the consent required by law or a court order. The exact consent position depends on parental rights, existing orders and the circumstances, so advice should be obtained before the move.
What factors does the court consider in a relocation case?
The child’s welfare is paramount. The court can consider the quality of the relocation plan, reasons for moving or opposing, education, housing, support, finances, the child’s views and the impact on contact and wider family relationships.
Can the court stop a move from Scotland to England?
Yes, where the child’s welfare and the section 11 tests justify an order. A move within the UK is not automatically unlawful, but the court can regulate residence, decide the specific issue or grant an interim order preventing the move.
How quickly can the court act?
Urgent interim orders can sometimes be sought on very short notice where there is evidence of an imminent move. No solicitor can guarantee a same-day order because the court decides both listing and outcome.
When does the Hague Convention apply?
It applies between relevant contracting countries where a child has been wrongfully removed from or retained away from their country of habitual residence. It usually concerns prompt return, not the final merits of residence or relocation.
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