Often, one parent may wish to relocate with the child either within the jurisdiction or out of the UK entirely.
If one parent wishes to relocate out of the UK with the child, consent is required from the other parent and all those who have Parental Responsibility over the child, otherwise such relocation could be deemed as child abduction.
In the event you do not have permission from all those with Parental Responsibility, you will need to apply to the court for permission to relocate out of the UK and such application will involve the court considering whether it is in the child’s best interests to relocate.
It is to be noted that if a parent wishes to relocate within the jurisdiction, the other parent should still be informed and permission sought and do be aware that the other parent could seek a prohibited steps order preventing the child move away.
Parental responsibility refers to the legal rights, duties, powers, responsibilities, and authority that parents have in relation to their children. It encompasses making decisions about the child’s upbringing, education, and medical treatment.
In the UK, both parents automatically have parental responsibility for their child if they were married at the time of the child’s birth or if they’re named on the child’s birth certificate. Unmarried fathers can also acquire parental responsibility through a court order or by entering into a parental responsibility agreement with the child’s mother.
How Does the Court Determine the Best Interests of the Child When Making a Decision About Relocation?
When applying to the court, it’s essential to provide strong reasons for the proposed relocation. These reasons should focus on how the move will benefit the children and how any potential disruption to their lives will be minimized. The court will consider various factors, including the children’s relationship with both parents, the impact on their education and social life, and the feasibility of maintaining contact with the non-residential parent.
When a parent wants to move away with the children, it’s important to consider how this will affect the other parent’s ability to spend time with their children. The court will carefully evaluate the proposed move and assess whether it will significantly hinder the non-moving parent’s relationship with the child.
The court will also consider the distance of the move and whether alternative arrangements can be made to ensure the non-moving parent can still maintain a meaningful relationship with the children.
The opportunities for the child if the relocation were to be granted is another significant factor considered in relocation cases. The court will consider the potential impact of the move on the children’s financial well-being, psychological wellbeing, educational wellbeing, and health.
This may include assessing the cost of living in the new location, the potential for the non-moving parent to financially support the children from a distance, and any changes in employment or income that may arise from the move. The court will strive to ensure that the children’s financial needs are adequately met and that the proposed move won’t cause undue financial hardship for either parent.
The parent who proposes to relocate with the child will also need to set out why they think the move is in the child’s best interests including the opportunities the move presents. This could include financial (for example the parent proposes to move to a location where the cost of living is far less, or job opportunities are greater), educational (for example if there are better schools or extra-curricular opportunities), social (for example closer to family, friends or more opportunities for hobbies or activities) or health wise (for example if the child has additional needs and the proposed move involves better access to support for the child).
The court will look at the proposed move in great detail and expect a very detailed plan from the parent proposing to move. The responding parent will also be expected to have valid and evidenced reasons as to why they believe the move is not in the child’s best interests.
Applying to the Court for Permission to Relocate
In cases where the child’s parent refuses to give consent, the court’s jurisdiction comes into play. As the parent wishing to relocate, you’ll need to apply to the court for permission to move with your children. It’s important to note that the court’s primary consideration will always be the best interests of the children involved.
If you oppose the move, you should also consider issuing a prohibited steps application if the move is within the jurisdiction or you have reasons to suspect that the other parent may still progress with the move, without permission from the court or yourself.
During the court proceedings, legal representation is highly recommended to navigate the complex legal process effectively.
Having a solicitor who specialises in family law can provide you with the necessary guidance and support throughout the application process. They’ll assist you in preparing the required documents, presenting your case to the court, and advocating for your best interests. We specialise in relocation matters meaning we are aware as to what the court will specifically focus on in these matters when considering a move and how best your case can be presented.
Frequently Asked Questions
Can The Child’s parent Prevent Me from Moving Away With the Children if I Have Sole Custody?
This is a common question asked however the term “sole custody” is often used incorrectly.
Irrespective as to whether a child does not have a relationship with the other parent, or sees that child infrequently, if that parent still has parental responsibility, permission should be sought or you may face an allegation of child abduction, or a prohibited steps order. You will then need to evidence to the court why you should be permitted to relocate out of the country with the child.
If you propose to move within the jurisdiction, permission isn’t necessarily required however permission should still be obtained or the other parent could make a prohibited steps order.
If my application to relocate is refused, can I apply again?
If the court considers that the child shouldn’t relocate based on the information presented within the proceedings, if circumstances change and your proposal has been amended or reconsidered, you are entitled to request permission again. However, do be aware that if you continue to make the same application with limited changes in your proposals, the court could place restrictions upon when you could re-apply in the future.
