Farm Legal Advice: My partner wants the family to move to the UK

Recently my partner doesn’t seem to be happy and she has said a few times that she would like us all to move to the UK. I have told her that we cannot move as I work on my parent's farm. My parents are speaking to their solicitor about transferring the farm to me in the near future. My partner has suggested that when this has been done, that I could sell the farm and we could move to the UK. 

I don’t want to do this as the farm has been in my family for generations and my father would not be happy. Even if I could sell the farm, I have only ever farmed and have no other qualifications so even if it was possible to move I’m not qualified to do anything else and would struggle to get a job.

I’m worried that my partner will eventually decide to leave and take the boys to the UK. What are my rights?

Dear Reader 

The first question to determine is whether you have guardianship for the children.

Guardianship of children is governed by Section 6 of the Guardianship of Infants Act 1964. Guardianship means that you have a duty to maintain and properly care for the child and you have a right to make decisions about the child's religious and secular education, health requirements and general welfare.

A child’s mother has automatic Guardianship for the child whether she is married or not.

Up until relatively recently, only married fathers would have automatic Guardianship for their child and if an unmarried father wanted Guardianship he would need to enter into a Guardianship agreement with the mother, or if she refused to enter into such an agreement, he would need to make an application to the District Court.

However, the Child and Family Relationships Act 2015 brought in some changes to Guardianship and now unmarried fathers have automatic Guardianship for their child if they have lived with the child’s mother for one year to include three months after the child was born. Therefore, you automatically have Guardianship for your sons and as such have a right to have a say in decisions in relation to them. This includes where they live.

As you are a Guardian to the children, if your partner wished to relocate to the UK and to bring the children with her, then she would need your consent to this.

If you did not agree and she still wished to move, she would need to make an application to the court for permission to relocate the children.

The court when making a decision as to relocation will have the children's best interests as its main consideration. The court will take the following factors into consideration when making a decision as to whether to permit relocation:

• The stability of the children's lives here and if they were to move to the UK
• The extended family of the children here and in the UK
• Suggested access arrangements for the non-resident parent and the ability to enforce this in the future if necessary
• Proposals for accommodation and schooling, etc.

The court may direct that an expert prepare a report to assist the court in its decision as to whether to permit the relocation of the children. Ultimately the court will make a decision as to what it feels is in the children's best interests. The older the children are the more weight that will be attached to their views as to where they should live.

If your partner takes the children to live in the UK without your consent and without the permission of the court then she may be guilty of child abduction.

Angela O'Connor LLB specialises in Family Law, Enduring Power of Attorney and Applications in respect of Mental Capacity and Assisted Decision Making and is a solicitor practising in Walsh & Partners Solicitors LLP, 88 Main Street, Midleton, Co Cork.

Email: info@walshandpartners.ie 

Web: www.walshandpartners.ie

• While every effort is taken to ensure the accuracy of the information contained in this article, solicitor Angela O’Connor does not accept responsibility for errors or omissions, howsoever arising. Readers should seek legal advice in relation to their particular circumstances at the earliest opportunity.