The best way to resolve many family law disputes is by negotiation and agreement. That can be difficult when a parent is proposing to relocate with the children as that proposal cannot easily be compromised. In entirely practical terms a parent proposing to move from Newcastle to London to take up a new job can’t agree to move half way instead. A parent will either relocate or they won’t.
If parents live close to one another then it can be relatively easy for both parents to spend time with the children. If one parent lives some distance from the other then even if the parents have a good relationship and are willing to facilitate contact then in entirely practical terms it can be difficult for contact to take place. It would not be easy for one parent living in Newcastle to spend time each weekend with children living in London. If the children were living in a different country then this might effectively be impossible.
Relocation is not just an issue for parents. For a child it could mean leaving their family and friends, a change of school and a move to a new and potentially unfamiliar environment.
Both parents would usually be expected to agree to one of the parents relocating and taking the children with them. If the relocation could not be agreed then an application would need to be made to the court. The court would be asked to decide whether the relocation should be permitted.
Where there is a child arrangements order in place specifying with whom the child should live, there is an automatic prohibition on taking that child out of the UK for more than a calendar month without written consent of everyone with parental responsibility. The time period is extended to three months if the person taking the child outside the UK has a special guardianship order in respect of the child.
The welfare of the children is always paramount. In deciding whether to allow a relocation to take place the court will consider primarily whether it is in the children’s best interests to do so.
When considering a relocation application, the court will consider such issues as:
- Why the relocating parent wishes to move? Is there a good reason for doing so or is the relocating parent doing so in order to frustrate contact?
- What the living arrangements will be at the new location. Would the child have their own room? What access would the child have to local amenities? For example, would they have access to a local library or park?
- How would the relocation be financed and how would the relocating parent support themselves?
- Will the children have access to nursery or school places?
- Will the children have access to a dentist?
- How will the relocating parent support themselves? Do they, for example, have a confirmed job offer that is likely to improve the family’s financial situation?
- What support will the relocating parent have at their new location? Will there be, for example, a family support network who can assist with childcare?
- How will contact with the non-resident parent be maintained, promoted and supported? In practical terms and considering travel time, distance and cost how often will contact take place? How will handovers occur? Would travelling long-distances on a regular basis be in the children’s best interests?
Before agreeing a relocation, the court will consider whether the motivation of the relocating parent is genuine, whether it is justified and whether it provides benefit to the children.
Where there is a dispute about the relocation of a child from parent either to another country outside England and Wales or to another potentially distant location within England and Wales the legal test to such applications is the same and that test is whether it is in the best interests of the child for permission to be granted for the relocation to take place.
When relocation is proposed matters can quickly become complicated, particularly so if the proposed move is to a different country where it may be difficult or even impossible to take any legal action once the child has left the UK. It is important to get legal advice as soon as possible if you are considering relocation or you are worried that a parent is looking to relocate. The experienced and expert family law team at Paul Dodds Law are ready to help you.