Following a divorce or separation, relocating with a child is often an emotional and complex process.
Many points must be considered, including the child’s best interests, parental rights and legal implications. In this in-depth guide on child relocation, we define the process and explain the steps involved for all parties involved and the part the court play in decision making.
What does child relocation mean?
The term child relocation described the process when a parent moves to a new location with a child, either overseas or within the same country. Reasons for relocation vary from finding a better living situation and new employment role to being closer to supportive extended family. However, when two parents separate and have a continuing court arrangement or shared parental responsibility, relocating without first obtaining consent can have severe legal consequences.
Child Relocation – what you need to know
Especially after a divorce, relocating with a child can result in legal complications. Although there are no automatic restrictions regarding moving in the UK, in certain situations where one parent objects or Child Arrangements Order is in play, relocation can need the approval of the court.
When both parents have shared parental responsibility, receiving written consent from the parent staying put is essential before relocating. In circumstances where a relocation will most likely affect the child’s relationship with the other parent and daily, court intervention can be necessary to ascertain if the move being made is best for the child.
There are important factors that influence if the court must get involved. If a Child Arrangements Order exists, this dictates where a child lives and whether relocating without court permission is possible. Parental consent is also key. When both parents agree in relocation, the process proceeds smoothly. The impact of moving on the child’s life is also considered. For example, their social life, relationship with the parent who isn’t relocating and their education.
What to do when you wish to move with your child
The first step is to request permission from individuals or institutions holding parental responsibility. While this is typically both parents, it can extend to guardians and sometimes local authorities.
Next written consent must be obtained. If the non-relocating parent agrees to the child moving, written consent should be collected to mitigate disputes in the future. However, if the parent who isn’t moving doesn’t consent, the relocating parent must, under Section Eight of the 1989 Children Act, file for a Specific Issue Order.
This legal process involves the preparation and submission of an application to the court. It details reasons for moving, plans to maintain the relationship between the child (covering contact arrangements) and the non-relocating parent and proposed care arrangements in the new location.
The court then sends the application form out to the other parent before holding a court hearing to deal with the application. Parents must comply with all directions from the court when requested to supply evidence against or to support the application. Several hearings are usually held before the final court decision is made. After all evidence is collected, the judge gives their final decision in a last hearing.
Parents involved in child relocation are advised to seek aid from a family law solicitor. This is so they understand their rights and adhere to the correct legal procedure.
Best interests of the child and court considerations
In child-related matters, decisions from the court should always put child welfare first. This key principle dictates decision making on relocation cases and all other areas of family law. The court will consider multiple factors like the child’s personal feelings and wishes, and their opinion carry more weight the older they are.
Their emotional, physical and educational needs in the present and future are also considered and how relocation might impact them. The child’s personal circumstances are reviewed including their age, gender and background, as well as any special needs they have. The court will assess if any emotional or physical risks exist to the child’s well-being and the relocating parent’s capacity to answer the child’s needs.
The court also assesses motivations for the move to determine if there is a legitimate reason for relocation or if it is designed to limit contact between the child and non-relocating parent. Proposed contact arrangements are reviewed for feasibility and practicality, and the child’s present relationship with each parent is considered.
At Bennett Smith Solicitors we are experts in family law in North Wales. If you seek to relocate with your child following divorce or separation, obtaining legal advice is a vital first step. Get in touch with our experienced team now for assistance.
