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Relocation and child arrangements – What happens when one parent wants to move away?

The decision to relocate with a child following a separation or divorce is one that carries significant legal implications.

Family law places the welfare of the child at the heart of any decision-making process, especially when it comes to the arrangements for a child to live with or spend time with their parents.

The law requires that any decision about a child’s living arrangements must be made with the child’s best interests as the paramount consideration.

When one parent wishes to move to a different geographical location, particularly if this move will affect the child’s ability to maintain a relationship with the other parent and it is not agreed, the courts may become involved to ensure that the child’s welfare is not compromised.

The role of consent

Before relocating, the parent must seek the consent of the other parent or any other individual with parental responsibility.

If consent is not given, the parent wishing to move must apply to the Family Court for a ‘specific issue order’ under the Children Act 1989, which will allow the court to decide whether the relocation can take place.

What factors will the court consider?

The reason for the proposed move;
The impact on the child’s education and emotional well-being;
The feasibility of maintaining contact with the other parent;
The wishes and feelings of the child, depending on their age and understanding;
What support network will be in place for the child and the parent relocating;
The effect of refusal on the resident parent’s well-being and the consequent impact on the child.

The court process

The process of applying for a specific issue order can be complex and emotionally draining. It involves submitting detailed evidence, attending hearings, and, in some cases, the appointment of a CAFCASS officer to report on the child’s best interests.

Relocation cases are among the most challenging disputes in family law due to the profound impact they have on all involved parties. The court’s primary concern will always be the child’s welfare, and it is this principle that guides the legal process.

Parents considering relocation should approach the matter with sensitivity and care to ensure that their rights, and more importantly, the rights and needs of their children, are protected.

The importance of legal advice

Relocation cases are seldom simple, so obtaining expert legal advice is essential before any action is taken. A clearly thought out plan is required to show how the child’s needs can be met if the proposed relocation takes place.

We can provide guidance on the likelihood of a court granting permission to relocate, assist in negotiating with the other parent, and represent a parent’s interests in court. Contact us today for expert guidance.

Elaine Collins

Senior Associate

I have spent several years specialising in complex private children matters including situations where one parent lives outside of the UK’s jurisdiction, requiring urgent applications to safeguard children and change of residence.

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