Child Relocation Lawyers Glasgow, Scotland

When parents separate or divorce, one of the most complex and emotionally charged issues that can arise is child relocation. Whether the move is within Scotland, elsewhere in the UK, or internationally, relocation disputes often involve difficult decisions about a child’s future. At Livingstone Brown, our experienced child relocation lawyers in Glasgow are here to provide expert legal advice and representation. We understand how important it is to protect your parental rights while prioritising the welfare of your child. Contact us today through our online enquiry form or by calling our office to discuss your case confidentially.

What is Child Relocation?

Child relocation refers to situations where one parent wishes to move with their child to a new location, either within Scotland, elsewhere in the UK, or abroad. Such moves can significantly impact the child’s relationship with the non-relocating parent and other family members. In Scotland, parents with Parental Rights and Responsibilities (PRRs) must obtain consent from all other PRR holders before relocating with a child. If consent cannot be obtained, the parent seeking to relocate must apply to the court for permission through a Specific Issue Order. Similarly, if a parent opposes a proposed relocation, they can apply for an Interdict to prevent the move.

Legal Framework for Child Relocation in Scotland

Parental Rights and Responsibilities (PRRs)

Under the Children (Scotland) Act 1995, parents with PRRs have duties to safeguard and promote their child’s welfare while making significant decisions about their upbringing. When parents separate, both typically retain these rights unless a court order states otherwise.

Consent for Relocation

Within Scotland: While there is no explicit legal requirement for consent when relocating within Scotland, it is generally advisable to seek agreement from other PRR holders. Failure to do so may lead to legal action.
Outside of Scotland: Moving a child out of Scotland without consent is prohibited under Section 2(3) of the Children (Scotland) Act 1995. If consent cannot be obtained, court approval is required.

Specific Issue Orders

A parent seeking permission to relocate must apply for a Specific Issue Order from the court. The court will evaluate whether the proposed move is in the best interests of the child.

Factors Considered by the Court

When deciding whether to grant permission for relocation, Scottish courts consider various factors, including:

The Welfare of the Child: The child’s welfare is always the paramount consideration.
The Child’s Views: If the child is old enough and capable of forming an opinion, their views may be taken into account.
The Reasonableness of the Move: The court will assess whether the proposed relocation is reasonable and justified.
Impact on Relationships: The effect of relocation on the child’s relationship with the non-relocating parent and other family members.
Practicalities of Contact: Whether meaningful contact between the child and non-relocating parent can be maintained post-move.
Educational Opportunities: The quality of education available at the new location compared to their current arrangements.
Support Networks: The availability of family or community support at the proposed destination.

International Relocation and The Hague Convention

For international relocations, additional complexities arise due to cross-border legal considerations. Scotland adheres to the Hague Convention on International Child Abduction 1980, which aims to prevent wrongful removal or retention of children across borders. Under this framework:

A child wrongfully removed from their habitual residence must typically be returned so that custody decisions can be made in their home country.
Exceptions include cases where returning the child would expose them to harm or if they are now settled in their new environment.

At Livingstone Brown, we have extensive experience handling both sides of international relocation disputes. Whether you are seeking permission to relocate or opposing a move, we can provide expert legal support.

How We Can Help

Our team of family law solicitors in Glasgow offers comprehensive legal services for all aspects of child relocation:

Legal Advice: Explaining your rights and obligations under Scottish law.
Negotiation & Mediation: Assisting parents in reaching amicable agreements without court intervention.
Court Representation: Preparing robust cases for Specific Issue Orders or defending against Interdicts.
International Cases: Advising on Hague Convention proceedings and cross-border disputes.

We understand that every case is unique and requires a tailored approach. Our solicitors are committed to achieving outcomes that prioritise your child’s welfare while protecting your parental rights.

Child Relocation Frequently Asked Questions

If you are relocating within Scotland, there is no explicit legal requirement for consent; however, it is advisable to seek agreement to avoid disputes. For moves outside Scotland, you must obtain either written consent from all PRR holders or court approval through a Specific Issue Order.

If your ex-partner relocates without your consent or a court order, you can apply for an Interdict to prevent further moves or seek an order for your child’s return if they have already been relocated.

The court will focus on what is in the best interests of your child. Factors such as their welfare, educational opportunities, relationships with family members, and practicalities of maintaining contact will all be considered.

Yes. If your child is mature enough to express their views (typically around age 12), these will be taken into account by the court when making its decision.

If you wish to oppose a proposed relocation, you should seek legal advice immediately. You may need to apply for an Interdict or challenge any Specific Issue Order application made by the other parent.

Why Choose Livingstone Brown?

Livingstone Brown has built a strong reputation as one of Glasgow’s leading family law firms. Here’s why clients trust us with their most sensitive legal matters:

Decades of experience handling complex family law cases.
Expertise in both domestic and international relocation disputes.
A client-focused approach that prioritises clear communication and practical solutions.
Transparent fee structures with legal aid options where available.

We understand how emotionally challenging relocation disputes can be and are committed to providing compassionate support throughout this process.

Contact our Child Relocation Solicitors in Glasgow

If you are considering relocating with your child or need assistance opposing a proposed move, Livingstone Brown’s expert family law solicitors are here to help. Our team has extensive experience navigating complex relocation cases while prioritising what matters most—the welfare of your child.

Take control of your situation today by contacting us through our online contact form or calling our office directly. Let us provide you with expert guidance and representation during this challenging time.