There are various reasons as to why a parent may wish to move away and relocate with their child. For example, they could have a new job, or they might want to be closer to a family support network or to find or leave a relationship. Often, in these cases the objecting parent who wants to stay in the Country or area with the child, will seek to challenge the relocation, specifically in instances when it would mean that they would be living a significant distance away from their child, and that if the move were to go ahead, that it would impact upon any Child Arrangement Orders in place.
In the first instance, the parent who seeks to move should ask the other parent for permission to relocate with their child. However, if the non-resident parent does not provide permission, then the parent seeking to move will need to make an application to the Court. This is the same whether the intended move is to somewhere else in the UK, or to another country. Often people do not realise when they take a child away without the permission of the other parent, they could be committing a criminal offence and will almost certainly be in breach of civil family laws i.e. the Hague Convention 1980.
Prior to making an application to the Court, it would be advisable to try a collaborative approach such as family Mediation, to talk through the issues. You would then be able to talk through your relocation plans and your reasons for wishing to move within the UK or overseas, and then the other parent can express their concerns. Mediation will allow parties to explore all the issues and you may be able to come to agreement that suits both parents amicably. For example, you may wish to delay your relocation until your child is older, or, you may be able to agree contact arrangements that ensure that your child is getting adequate quality time with the objecting parent. If matters cannot be agreed, and you still seek to move, then you will need to make an application to the Court.
If there is a Child Arrangements Order in place, and you have a “Lives With” Order that states that your child shall live with you, and the other parent is not opposed to the move, then you do not need to apply to the Court for permission to move. However, if there is a Child Arrangements Order in place which states that your child is to have weekly contact with their other parent, and that this would no longer be possible due to the move, then permission from the other parent is required.
If the other parent does not agree to the relocation, then they can apply to the Court for a Prohibited Steps Order to prevent the parent seeking to move from relocating. Alternatively, the objecting parent can apply for a Specific Issue Order which would ask the Court to address a Specific Issue such as the child’s schooling or upbringing.
Relocation of a child can be a complicated issue. In child relocation cases, the Court will refer to the welfare check list outlined in the Children Act 1989. The welfare check list includes the following:
i. The wishes and feelings of the child in light of their age, understanding and maturity;
ii. The child’s physical, emotional and educational needs;
iii. The likely change or effect of the change of any circumstances upon the child;
iv. The capabilities of both parents;
v. The child’s sex, background, and other characteristics;
vi. Whether the child has suffered from significant harm or is likely to suffer from significant harm.
If there is no Child Arrangements Order in place, and the child is living with you, then you do not need to get permission from the Court to move with your child within the UK. However, it is advisable to discuss the move with the other parent regardless, as they may apply to the Court to stop you from moving. If there is a Child Arrangements Order in place that states that a child permanently lives with you, but has regular contact with their other parent, and, the move would fundamentally impact upon those child arrangements, then you will need the other parent to agree or you will need to make an application to the Court for permission to move.
In order to have a better chance of success with your application, you will need to demonstrate to the Court that you have conducted detailed planning, and that you have carefully considered the impact that the move may have on your child. Please contact us for more information, guidance and advice on this.
If the Court does not feel that the move aligns with your child’s best interests, then they may refuse to grant permission for the move. If leave to remove is refused, then it is possible to apply again at a later date. If this happens, a previous Court judgment may be considered when bringing a new application, but the fact that a previous application was refused will not necessarily prevent a further application from succeeding.
If you seek to relocate with your child, or your ex-partner is attempting to relocate with your child, please contact our specialist solicitors Ms Poppy Harber at poppyharber@brethertons.co.ukor Mr Simon Craddock at simoncraddock@brethertons.co.uk.
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