Relocating Internationally with Your Child as a Divorced Parent
Moving abroad can be an exciting opportunity, but as a divorced parent planning on relocating internationally with your child, the process can be a complicated and stress-inducing experience. In South Africa, parents must navigate several legal steps to ensure the relocation is compliant with the law. This article aims to help readers gain some insight into the process that needs to be followed.
Obtaining the Other Parent’s Consent for Relocation
The first step in relocating internationally with your child is obtaining the other parent’s consent. This step is crucial as the law requires both parents to agree on decisions that significantly impact the child’s life, such as relocating to another country. Naturally, this is often the most contentious part of the ordeal, as it can be challenging for a parent to allow their child to leave the country when they have no plans of doing the same.
Start with Open Communication
Begin by discussing your plans openly and honestly with the other parent. Explain to them exactly why the move is necessary and how it will benefit your child. Be prepared to answer some tough questions and be open when addressing any concerns they might have. Open communication can sometimes be the key to reaching an amicable agreement and avoiding intervention from the court.
Mediation
If you and the other parent struggle to reach an agreement, you should consider mediation. Mediation is a process where a neutral third party helps parents negotiate and find a mutually acceptable solution. This method is less adversarial than going to court and can save time and money. Many family law attorneys and organisations offer mediation services to assist with these types of cases.
Written Agreement
Once you reach an agreement, it’s vital to document it in writing. The written consent should outline the terms of the relocation, including contact and maintenance arrangements. This document should be signed by both parents and drafted and witnessed by a legal professional.
Applying for a Relocation Order
In cases where you cannot obtain the other parent’s consent, you can apply to the High Court for a relocation order. The court will consider several factors to determine whether the move is in the child’s best interests, as outlined in Section 7 of the Children’s Act. These factors include:
- The child’s relationship with both parents: The court will assess the impact of the move on the child’s relationship with the non-relocating parent.
- The child’s views and preferences: If the child is old enough to express their preferences, the court will also consider their views.
- The reasons for the relocation: The parent seeking to relocate must provide valid reasons for the move, such as better employment opportunities, improved living conditions or unique educational prospects.
- The feasibility of maintaining the child’s relationship with the non-relocating parent: The court will evaluate how the move will affect the child’s ability to maintain a meaningful relationship with the other parent, including the availability of communication methods and the feasibility of having regular visits.
Preparing for the Court Application
When applying for a relocation order, it’s essential that you present a well-prepared case. Here are some tips to help you prepare:
- Get Legal Representation: Whether or not you plan on going to court, it is always advisable to hire a qualified family law attorney. They can guide you through the process, collect pertinent information, and help you build a strong case.
- Gather Evidence: Gather evidence to support your reasons for the move. This might include job offers, school acceptance letters, housing arrangements and any other documentation that bolsters your case that relocating is in the child’s best interest.
- Develop a Parenting Plan: Develop a comprehensive parenting plan that outlines what you will do to facilitate the child’s relationship with the non-relocating parent. This plan should include details about your visitation schedule, travel arrangements and communication platforms.
Final Thoughts
Relocating internationally with your child involves complex legal conditions and potentially challenging conversations with the other parent. When you have the support of an experienced legal professional the process becomes a lot less intimidating, because you know what to expect and you’re always prepared. If you are in need of legal advice or assistance, don’t hesitate to reach out to Cawood Attorneys and book a consultation with a qualified attorney. Relocating with your child can open new doors and opportunities for both of you. With the right approach, you can ensure that this transition is smooth, legal and beneficial for your entire family’s future.