Moving to a new location can mean many things for you – a fresh start, a new job opportunity, or reconnection with a support network of friends or family – and it’s easy to get swept up in those hopes, not to mention all the practical details and planning needed for a big move.
But if you are relocating with your child, and you are separated from the child’s father or mother, then there are extra matters to be considered, especially if the other parent shares in the child’s upbringing.
It is important to recognise that the other parent will often have legal rights relating to the child, and that moving a significant distance away can easily affect those rights and their relationship. This article is intended to give you an overview of the legal considerations you will need to be aware of.
Moving house or relocating?
Moving house won’t always cause a family law issue post-separation. If the distance you and your child are going to live from the other parent will remain largely unchanged then it is unlikely to cause problems. Even so, in most cases, it is best to discuss any changes with the other parent if they are in any way involved in the child’s life.
However, if you are moving somewhere that would significantly affect the other parent’s ability to maintain their current relationship with the child then legal procedures must be followed.
If you are uncertain about where you stand in relation to a move or relocation, seek legal advice from a specialist family law solicitor. It is always better to make sure of your position before you take any action, especially at the risk of disputes or legal problems.
Key legal considerations when relocating with your child
The first question is whether there are any in place, and whether the other parent shares parental responsibility for the child. Child Arrangement Orders can specify where and with whom the child can live.
As a general rule, both parents have the right to be involved in major decisions relating to the child, unless this has been limited by any court orders. If the other parent has these rights, then you will need to take extra steps to ensure that either the other parent agrees to the relocation, or it is approved by the Court.
The following steps can help you to prepare for a relocation decision where legal procedures are required.
- Consider if the move is in best interests of child – aside from being an important concern on its own, this will be the key consideration of the Court if it is called upon to decide a dispute over the relocation.
- Consider the impact on the child’s relationship with the other parent – this can help you to anticipate how the other parent might be affected, and allow you to plan some possible ways to reduce the difficulties they may face.
- Seek legal advice – with big decisions, especially those affecting your child, it can be easy to get caught up in the stress and emotion of it all. Legal advisers can help to give a more detached perspective, whilst still providing advice about what is in your best interests. And, whether the child’s other parent agrees to the relocation or not, there will still be prudent legal steps to take.
- Discuss the relocation with other parent – if you have an amicable relationship with them, you may wish to do this before seeking legal advice. However, it can still be helpful to get a sense of each parents’ rights beforehand.
If the other parent agrees to the relocation
If agreement can be reached between you and the other parent, it is best to record this in writing to protect yourself. Ideally, this should be done in the form of a Consent Order, so that the Court is informed of the arrangements. Your solicitors can prepare this for you so that the terms of the Consent Order accurately reflect what has been agreed and have their intended effect.
If the other parent opposes the relocation
If the other parent does not agree with the relocation, you can make an application to the Court for an order allowing you to go ahead. It is likely that this will lead to mediation between you and the other parent, unless you are exempt from this requirement (for example, if there has been domestic abuse in the past).
Before doing so, you and your solicitors will have to prepare a case to show that the move is in child’s best interests, and gather any evidence that can support this. Preparing reasonable, practical plans for how contact between the child and the other parent can be maintained is also a useful step.
It is worth bearing in mind that the other parent may be able to seek a Prohibited Steps Order from the Court, to prevent you taking actions such as relocating with the child.
Involvement of the Court
If an agreement cannot be reached after negotiation and mediation, the Court will be required to resolve the issue. The Court will look at several factors when making their decision, including:
- The best interests of the child (this will be the Court’s primary consideration).
- The reasons behind the proposed relocation.
- The intended destination. The further away this is from the other parent, the more it will need to be justified in the eyes of the Court. Relocating to another country will need the greatest justification.
- The effects the move may have on the child’s health, education, and well-being.
- The child’s age and, if appropriate, the views of the child themselves on the move.
- The proposed plans for keeping in contact and maintaining a relationship between the child and the other parent.
Getting specialist child law advice
Bridge McFarland can give you expert guidance in resolving difficult relocation decisions involving children. Our child law solicitors are highly experienced, and more than happy to discuss any issues you are facing.
If you would like to speak to a member of the team, please just contact us.
