Relocating with a child after divorce

What does child relocation mean?

Child relocation refers to a parent moving a child to a new location, either within or outside of the country. However, where both parents have parental responsibility, or there is a Child Arrangements Order in place, there are repercussions of doing so without the other parent’s consent. If the other parent objects, the Court’s approval will likely be required.

What to do if you wish to relocate with your child

1. Seek permission from all those with parental responsibility – generally the other parent but it may extend to others;
2. Obtain written consent if you can: it evidences that consent was obtained should there be a dispute at a later date.
3. If you cannot get the other parent’s consent, then apply for a Specific Issue Order from the Family Court.

How does the Judge make a decision

When deciding on child-related matters, the court’s paramount concern is always the child’s welfare. This principle guides all family law decisions. The Court will consider several factors, to include the following:

• The child’s wishes and feelings: The court may take the child’s wishes and feelings into account depending upon their age and understanding.
• Physical, emotional, and educational needs: The court looks at how the relocation will impact on the child.
• Impact of the move: The pros and cons of relocation, the impact on existing child arrangements, education, and overall well-being of the child.
• The child’s circumstances: Age, background, gender, and any special needs are taken into consideration.
• Risk of harm: The court assesses any risk to the child’s well-being, both emotional and physical.
• Parents’ ability to meet needs: The court evaluates each parent’s capacity to meet the child’s needs and foster a healthy relationship between the child and the other parent.
• Court powers: The court has a range of orders it can use, such as specific issue orders, prohibited steps order and/or child arrangements orders.

In relocation cases, the court will likely also examine additional factors:

• Reason for the move: The court assesses the motivations behind the move, determining whether the relocation serves a legitimate purpose or is intended to limit contact with the other parent.
• Impact on both parents: The court looks at how the move will affect both the relocating and non-relocating parent, including the emotional and logistical consequences.
• The child’s relationship with both parents: The strength of the child’s bond with each parent and the effect of potentially reduced contact with the non-relocating parent.
• Contact arrangements: Proposed plans for maintaining regular contact with the non-relocating parent, including how practical and feasible these arrangements are.

There is no presumption in favour of either parent. Each case is unique, and the court will make its decision based on the specific circumstances and what it believes to be in the child’s best interests.

Consent to relocation of child if moving within England & Wales

If you have sole parental responsibility and your child lives with you, you do not need the Court’s permission to relocate. However, it is still essential to consider the impact on the child and maintain open communication with the other parent if possible.

If there is a child arrangements order in place, its terms will likely dictate whether you need permission to relocate.

If the move does not significantly impact upon the child’s routine or contact with the other parent you may not need to involve the Court at all. However, if the move would disrupt the arrangements set out in an Order, and the other parent does not agree to the relocation, it will be necessary to apply to the Court to seek a variation of the existing Order regards child arrangements.

Consent if moving abroad

Obtaining consent from all those with parental responsibility is crucial before relocating abroad. If agreement cannot be reached, you must apply to the court for a Specific Issue Order. The Court will then carefully consider your reasons for relocating bearing in mind what it determines to be in the best interests of the child.

In fact, once you communicate your intention to move abroad, the other parent may make their own application to the Court in any event, seeking a Prohibited Steps Order to prevent the relocation.

Relocation of a child without permission could be reported as child abduction and where unauthorised relocation does occur, the Hague Convention may apply, enabling the Court to Order the return of the child and whereupon legal penalties may be applied to the parent that removed the child without consent.

Get in touch with our team of experts

However, as each relocation case is unique, early legal advice from a Family Solicitor is essential. Therefore, if you are considering a relocation with your child/ren, or you have been put on notice that your child’s is to be relocated by the other parent, do contact our specialist family team who will be happy to advise you as to your best course of action.