Child Relocation Law
Child Relocation Lawyers
When a relationship ends, parents might have substantially different ideas about what they believe are the best arrangements for their children in terms of parental responsibility, depending on their own circumstances and factors or future plans.
What happens when you can’t agree, and one parent decides to move from their current home to somewhere else in the United Kingdom, or even to another country outside the United Kingdom?
Domestic and international relocation is a very important process, as the removal of a child from their place of habitual residence is a huge change that cannot be taken lightly.
In some instances, the court may issue a refusal for certain relocation requests as this can impact the future relationship that the child has with both their immediate and extended family.
In most circumstances, child relocation can prove to be a very difficult step to consider emotionally for either parent.
Especially if it is something imposed out of the parent’s control, such as redundancy or a change of job, or due to a parent meeting a new partner who lives far away, as opposed to a parent wishing to have a fresh start somewhere new.
No two disputes are alike, and the facts and circumstances will differ for each family.
There is no presumption from the judge in favour of a move where it might be said a child is living with a parent who is the “main carer” and similarly no presumption against such a move if care is shared.
Whatever the situation, the family court is clear that any such decision needs to be determined in accordance with what is the child’s best interests, rather than the wishes and rights of the parents.
It does this by applying the “welfare checklist” section 1(3) Children Act 1989, which includes, but is not limited to:
- The ascertainable wishes and feelings of the child
- The child’s physical, emotional, and educational needs
- The toll of relocation
- The likely effect of any change in circumstances
- The range of powers available to the court
Can the Court Intervene?
What is clear is that any parent acting unilaterally, that is, without the agreement of the other parent, risks the court taking steps to change any move that is intended or has recently taken place.
If a parent continues with this decision, this can be escalated and could result in the circumstance being treated as a criminal offence.
The court can intervene by granting a Prohibited Steps Order that acts like an injunction or possibly grants a Specific Issue and/or Child Arrangements Order requiring a parent to return to the “status quo” as it existed before any move took place.
If a child is removed from the United Kingdom without permission of the other parent, then the parent removing the child could be found guilty of child abduction and therefore obtain a criminal record following a welfare analysis.
Regardless of whether any move is to another part of the United Kingdom or overseas, the parent seeking to relocate with a child of the family must have the consent of the other parent, or leave (permission) of the family court if the other parent opposes such a move during the relocation applications.
Whether relocation within the United Kingdom or overseas, the court deal with the applications in a similar manner, recognising in some circumstances that a move abroad may be easier to manage in practical terms, than a move to a more remote part of the United Kingdom.
The family court expects any proposal to relocate a child to be fully and carefully considered, such as:
- Detailed evidence of new living arrangements
- Schooling
- Proposals for the child to spend time and maintain contact with the parent left behind
As such, it is very important that if an agreement cannot be reached, and with the assistance of mediation if necessary, early legal advice is obtained whether you are a parent looking to relocate or a parent seeking to oppose such a move.
A decision made or failure to act at the outset might make a big difference in the court’s finely balanced decision-making, and thus the outcome for you and your child.
Get in Contact with Our Child Relocation Law Experts Today
Our team helps families resolve issues over child contact arrangements and supports families to grow through surrogacy, donor conception, and adoption. We are home to the most specialist children’s law team in the country, so you can rest assured that we can help you.
To speak with one of our lawyers, call us on 0333 202 6433 or email us at hello@mcalisterfamilylaw.co.uk.
