If your partner objects to you moving to a new location with your child after separation or divorce, complexities can arise.
Under UK law, several factors determine whether such a relocation is feasible. In this article, we discuss your rights, responsibilities, and practical steps if you’re considering relocating with your child.
Existing child arrangements
Any current parenting arrangement can be seen as the foundation for relocation discussions.
If you have a Child Arrangements Order specifying where your child should live (previously known as residence orders), this gives you certain rights but doesn’t automatically permit relocation.
With no formal court order, both parents with parental responsibility generally have equal say in major decisions that affect a child’s life, including relocation.
The child’s primary carer – if they share parental responsibilities – will still require their partner’s consent or court approval before significant changes to a child’s living arrangements are made.
Court involvement
If an agreement can’t be reached with an ex about relocating with a child, the matter may need to be resolved through the family court system.
Your ex can apply for a Prohibited Steps Order to prevent the move, or you can apply for a Specific Issue Order to permit it.
For international relocations (moving outside the UK), court involvement is almost always necessary if your ex doesn’t consent. For moves within the UK (internal relocation), court involvement may still be required if agreement cannot be reached.
Factors considered by the court
In coming to a decision on the matter, a court may consider the following factors:
Child’s welfare
The most important consideration in UK family court decisions is the welfare of the child. Courts apply the ‘welfare principle’ as outlined in the Children Act 1989, which takes into account: factors such as:
– The child’s physical, emotional, and educational needs
– The likely effect of any change in circumstances
– The child’s own wishes and feelings (depending on age and understanding)
– Any harm the child has suffered or might suffer
Impact on relationship with other parent
Courts assess how the proposed move would affect the child’s relationship with the non-moving parent. If the move would significantly reduce contact or make it more difficult, this is counted against permission to relocate.
Courts may expect to see proposals for maintaining contact despite the distance.
Reason for the move
The motivation for moving may be scrutinised to ensure it’s genuine and reasonable. Legitimate reasons might include:
– Career advancement or employment opportunities
– Educational benefits for the child
– Support from extended family
– New relationship (though this reason alone is rarely sufficient)
Courts may look unfavourably on moves that are intended to limit the other parent’s involvement in the child’s life.
Alternative solutions
The court will consider whether there are alternatives that could meet your needs without relocating. They may also explore compromise arrangements, such as the other parent also relocating or adjusting contact schedules to accommodate the move.
Your rights and responsibilities
Parents with parental responsibility have the right to propose relocating with their child. However, they have responsibilities to bear in mind in relation to the move. These include; prioritising the best interests of the child, facilitating the child’s best interests, enabling their relationship with both parents, and consulting with the other parent about important
decisions.
Moving away with your child without consent or court permission could result in; being ordered to return, facing contempt of court proceedings, or potentially losing primary care.
Recommended steps
We will conclude this piece with some recommended steps you can take when approaching a decision on whether to move away with your child:
Discuss with your ex
It is important to begin open communication early. You should try to present your plans clearly, explaining the benefits for your child and how you propose to maintain their relationship with the other parent. Be prepared to listen to concerns, and be willing to consider compromises.
Seek legal advice
You could consult a family law solicitor specialising in relocation cases – such as Bennett Smith, family law solicitors North Wales-located – before making concrete plans. They can advise on the strength of your case, the documents you need, potential outcomes, and mediation options.
Gather evidence
Prepare comprehensive evidence supporting your application, including; details of proposed accommodation, school information, employment confirmation, evidence of how the move benefits the child, and a proposal on maintaining contact.
