In the realm of family law, issues surrounding child custody and parental relocation can be emotionally charged and legally complex. One such scenario arises when a parent moves address with a child without disclosing the new location to the other parent.
When presented with this situation, Amelia Fernley, Family Law Solicitor, outlines the various steps that can be taken to protect your rights and ensure the well-being of your child.
Understanding Your Rights
In England, both parents typically have parental responsibility for their child, regardless of marital status or living arrangements. A Mother automatically has parental responsibility by virtue of being the child’s birth parent. A Father will automatically have parental responsibility for a child if they are named on the birth certificate or if they are married to the Mother at the time of the child’s birth.
Parental responsibility encompasses the rights and duties of parents towards their child, including the right to be involved in major decisions affecting the child’s upbringing, such as education, healthcare, and residence.
When one parent relocates with a child without informing the other parent, it can raise concerns about one parent over- exerting their parental responsibility if they have done so without the other parent’s consent. In such circumstances, it’s essential to understand your legal rights and obligations, as well as the steps you can take to address the matter effectively.
Initiating Legal Action
If you discover that your co-parent has moved address with your child and is not disclosing the new location, it’s crucial to take prompt action to safeguard your parental rights and the child’s well-being. The following steps can help guide you through the process:
- Attempt Communication – Initially, try to communicate with your co-parent in a calm and respectful manner to seek information about the new address and discuss any concerns or objections you may have regarding the relocation.
- Seek Legal Advice – If communication with your co-parent is unsuccessful or if you have concerns about the child’s safety and welfare, consult with a family law solicitor to understand your legal options to obtain tailored advice based on your specific circumstances.
- Mediation – In some cases, mediation may be a constructive alternative to litigation, allowing you and your co-parent to reach mutually acceptable agreements regarding child arrangements, including contact and residence. A trained mediator can facilitate discussions and help you explore practical solutions that prioritise the child’s best interests.
- Court Proceedings – If attempts at resolution through mediation are unsuccessful or if there are urgent concerns about the child’s welfare, you may need to initiate court proceedings. The court can issue orders to locate the child’s whereabouts, establish contact arrangements, and address any breaches of parental responsibility.
A family law solicitor would be able to provide you with tailored advice in relation to the court intervention required based upon the particular circumstances. The court have a range of powers and some options are as follows:
- Prohibited Steps Order (PSO) – A Prohibited Steps Order is a court order that prohibits a parent from taking certain actions regarding their child without the court’s permission. In the context of a parent moving address without disclosure, the other parent may apply for a PSO to prevent the relocation or a change of school due to the relocation.
- Specific Issue Order – A Specific Issue Order is sought to resolve a specific question or issue regarding a child’s upbringing that parents cannot agree on. If one parent has relocated with the child without disclosing the new address, the other parent may apply for a Specific Issue Order to determine the child’s residence and address any concerns about contact arrangements.
- Location Order – If a parent has unlawfully removed a child from their usual place of residence or concealed their whereabouts, the court may issue a Location Order to help locate the child’s whereabouts. This order requires third parties, such as government agencies or private organisations, to provide information that may assist in locating the child.
- Child Arrangements Order – A Child Arrangements Order determines with whom the child will live (residence) and how much time they will spend with each parent (contact). If one parent has moved address with the child without disclosing it, the other parent may apply for a Child Arrangements Order to establish contact arrangements and ensure ongoing involvement in the child’s life.
- Enforcement Proceedings – Such proceedings would be necessary for co-parents who already have a court order in place setting out the arrangements for the child. If an order was in place and a parent breached this order and relocated with the child without disclosing the new address this may form a breach of the order.
If a parent fails to comply with court orders or breaches parental responsibility by moving address with the child without disclosure, enforcement proceedings may be necessary. This could involve applying to the court for enforcement orders to compel compliance with existing orders or seeking penalties for non-compliance.
Protecting the Child’s Best Interests
Throughout the process, it’s essential to focus on the child’s best interests and promote their well-being above all else. The court will consider factors such as the child’s wishes and feelings, their relationship with each parent, and any risks to their physical or emotional health when making decisions about child arrangements.
Conclusion – Protect Your Rights
Amelia Fernley concludes that “navigating the challenges of parental relocation without disclosure can be distressing and overwhelming. However, by understanding your rights and taking appropriate legal action, you can assert your parental rights and ensure the child’s welfare remains paramount.
If you find yourself in a situation where a parent has moved address with your child without disclosing it, don’t hesitate to seek legal advice from a family law specialist who can provide invaluable guidance and support to help you protect your rights and reach a resolution that prioritises the child’s best interests.”
Contact Us
For a free 30-minute consultation regarding child arrangements or any family law matter, contact Amelia Fernley and the team at Sinclair Law on 01625 526 222 or request a call back using our web form.