Domestic and International Relocation - What do you need to know?

A separation where there are children in the family can be challenging for parents and children alike at the best of times, but even more so if one parent wishes to move away from the locality since this will naturally impact upon the relationship that each parent has with the child/children. 

Following the breakdown of a relationship a parent may seek to relocate, whether this be to another part of the UK, or abroad to be closer to their family, a partner or to be able to take up a new job opportunity. For some, the motivation may even be wishing to move away from their ex-spouse with or without the specific intention of affecting the tie that the children have with that parent.

Whilst it is always best practice to consult and seek the consent of the other parent in trying to reach a solution before any move, this is not always possible to achieve.  Where dialogue with the other parent either directly, or within mediation or via solicitors, fails, as a last resort, it may be necessary to invite the Court to determine the issue. 

In determining an application for relocation, the courts paramount consideration is always the welfare of the child/children concerned. The Court will take into account the “Welfare Checklist”, which is a set of factors that the Court consider when making decisions about the welfare of the child/children and child arrangements, to ensure that the best interests of the child/children are met. 

Parents in separated families should take care when taking the child(ren) out of the UK, even for a holiday, and must ensure that they have the consent of  the other parent, or anyone with parental responsibility for the child/children concerned or permission of the Court, as they could otherwise be committing a criminal offence. 

Where however, a Child Arrangements Order is in force specifying with whom the child/children should live (a “live with Order”), the order allows the child to be removed from the UK for up to a calendar month without the written consent of everyone who has parental responsibility for the child. 

Whilst there are less restrictions in place for a domestic relocation, the Court could still be asked to consider an application in the event of a dispute and, as such, one of the following applications could be made:

1. A Prohibited Steps Order to prevent a parent removing the child/children in respect of the proposed relocation
2. A Specific Issue Order by a parent seeking to remove the child regarding a proposed relocation
3. A Child Arrangements Order to define where the children will live and spend time with the other parent

In the event that there is a proposed relocation abroad, issues can arise, for example in respect of the enforcement of the spend time contact arrangements with the other parent. This can be impacted upon whether such a proposed move is to an EU country or signatory of the 1996 Hague Convention.

Should a proposed international relocation be on the horizon a parent seeking to relocate with the child/ children could apply to the Court for a:

1. Specific issue order to remove the children for the purpose of the proposed relocation
2. Should a Child Arrangements Order already be in place, a freestanding Leave to Remove Order under section 13 of the Children Act 1989

Clearly each case differs on its own individual facts and should an application for relocation be made to the Court the court will be required to hear both parents’ respective positions regarding any proposed move. Consideration will need to be given as to how this would impact the remaining parent’s relationship with the child and also on the child/children concerned. 

The Court will firstly need to consider whether the proposed move is specifically intended to prevent contact taking place between the child and the other parent. If so then the application will fail, no matter how well thought out the proposed future intended arrangements might be. If the court are satisfied that this is not the case, then they need to identify how much consideration has been given to the proposed move and whether this has been well thought out, for example will the child/children’s housing needs to be met, where will they go to school, the practicalities of any arrangements proposed and whether the children will have a full support network around them. The Court’s paramount consideration when making a decision is whether or not the proposed relocation is in the best interests of the child(ren). 

The remaining parent affected by the proposed relocation will also be able to put forward their own position as to why they oppose the relocation taking place, as this could also have an impact on the child/children’s relationships with them and wider family members, for example a half sibling, their grandparents, whom they may not see often if permission for such a move was granted.

If you need help or seek further advice regarding child arrangements then, please feel free to contact one of our friendly Family Team who will be happy to help and offer you guidance.