Peterborough office
48 Broadway, Peterborough Cambridgeshire, PE1 1YW
01733 346 333 01733 562 338 enquiries@hegarty.co.ukStamford office
10 Ironmonger Street, Stamford Lincolnshire, PE9 1PL
01780 752 066 01780 762 774 enquiries@hegarty.co.ukOakham office
66 South Street, Oakham Rutland, LE15 6BQ
01572 757 565 01572 720 555 enquiries@hegarty.co.ukMarket Deeping office
27a Market Place, Market Deeping, PE6 8EA
01778 230 120 01778 230 129 enquiries@hegarty.co.ukQ. My son’s mother wants to move to London with my son, can she do that and if so, what can I do?
A. There is no current legislation that prevents a parent from relocating their child from one area of the UK to another.
Should you wish to contest the relocation, an application would need to be made to the Court for a Child Arrangements Order. This will be in the form of a Prohibited Steps Order preventing the mother from relocating to London with your son. It should be noted however that the Court’s approach to such applications is somewhat hesitant.
The Courts are reluctant to place a restriction on a parent’s freedom to choose where they wish to live. In order for a Court to prohibit a parent who has main care of the child from relocating, an “exceptionality test” will need to be satisfied. This will include: any issues or concerns surrounding the parent’s competence with whom the child will live; any disability of the child and how travel will impact upon this; the extent of any detriment or upset this would cause to the child as a result of moving away from the other parent; and reasons as to why the parent is relocating.
Ultimately, the Court’s principal concern in deciding whether relocation should be prohibited revolves around the child’s welfare.
