Relocating – Can I take the children?

If you are recently separated or divorced, it is inevitable that a fresh new start, somewhere different may be appealing, but can you take your children with you?

If you hold sole parental responsibility for your child, then the answer is yes. There is no legal requirement to obtain the consent of the non-resident parent if you wish to move your child within the UK.

The UK extends to England, Wales, Scotland and Northern Ireland. It does not include the Isle of Mann or the Channel Islands.

If you share parental responsibility however and want to relocate, then you must obtain consent from the other parent to avoid having to go to Court.

If you cannot obtain the other party’s agreement to your plans to relocate, you will first be required to take a collaborative approach to achieve an amicable solution, for example mediation, subject to certain exemptions that may apply. If an agreement is still not possible then you will need to obtain the Court’s permission and apply for a Child Arrangement Order to determine where your child is to live.

In the alternative, if you are the parent that wants to stop a proposed relocation, you will need to make an application for a Prohibited Steps Order. Until such time as the Court determines this issue, the other party will be prevented from relocating.

Recently separated or divorced? Factors to be considered if you are planning to relocate within the UK

• Obtain formal consent from the non-resident parent if necessary
• Confirm employment, accommodation, schooling, and proposals for contact with non-resident parent. Include costs of travel to and from contact for non-resident parent
• Provide full details for proposed healthcare providers and childcare if appropriate

If you are planning to relocate outside of the UK with your children, in addition to the above you will need to:

• Consider immigration issues
• Will there be any language issues for you and/or the child?
• Any jurisdictional issues for the enforcement of a pre-existing Child Arrangement Order to include mirror orders/recognition of orders under the Hague Convention 1996.

Whether you are seeking to relocate or wish to oppose any such plans, the emotional and psychological effects of any refusal of permission will also play a role in how the Court determines this issue.

The Court will first have regard to the welfare of any child and if the proposed relocation will be in the best interests of the child. The Court will want to consider in particular;

• your child’s educational and emotional needs
• the age, sex and background of your child
• your child’s wishes and feelings and the effect the relocation will have on your child

The wishes of both parents will be also taken into account as will motive, but only to evaluate and determine what is best to safeguard the welfare of the child.

In all cases, make sure you are well researched, prepared and all proposals are realistic and practical. It is likely that a Court will refuse permission if there has been no planning in terms of where the relocating parent is to live, where the child will attend school and if the relocating parent’s motives are self-regarded and not considered to be in the child’s best interests.

Ultimately, reconciling the competing demands of separated parents in these circumstances will be notoriously difficult and expensive to establish through the Courts. The child will either relocate or stay. In either scenario, it is of paramount importance that both parents remain acutely focussed on what is going to be in the child’s best interest and with that in mind, it is hoped that an amicable solution will be established.

If you require any legal advice or assistance on this issue or any other family law matter, please do not hesitate to take advantage of a free half hour consultation with one of our specialist family lawyers here at Sinclair Law 01625 526 222.