A bit of a complicated one, my children were born in the UK, our family moved to South Africa and during this time my husband and I divorced under South African law. We have shared parental responsibility and I am named as primary carer. I want to move back to the UK, are our current child arrangements legal in the UK as their father has told me I have to give him 50/50 time split and do I have to live in the same town as their father (I’m looking at living 20 minutes away from him)
Where was the child arrangements order made? I presume South Africa?
where does the father live?
Wil the father consent to you moving the children back to the uk? You’ll need his permission to leave if he’s in SA. If not you’d need to go to court.
You probably need to seek legal advice from an international lawyer about the legalities of the move and the order validity in uk.
I would presume and it is a presumption that the court order would be replicated in the uk.
there is no legal obligation on you living within the same town or area etc. However if Intending to maintain the current arrangements then a practical distance would be preferable and twenty minutes is that.