Relocating With Children After Separation

A parent looking to relocate with their children, following separation from the other parent, will in most cases need the permission of the other parent to do so.

In a recently reported relocation case, the mother wished to relocate with her daughter from Tooting to Norwich. The mother had separated from the father and the child was one year old. At this point in time the father had weekly contact with the child, from Saturday morning to Sunday evening. When the mother indicated her intention to move to Norwich, the father raised concerns about her mental health and applied to the court for a Prohibitive Steps Order, to prevent her leaving.

The welfare report disclosed no concerns about the mother’s mental health, but the Court did order a psychologist’s report to be prepared. The court also extended the father’s contact to three days. The psychologist’s report stated there was no evidence of the mother suffering from mental illness or personality disorder. Following this and at the final hearing the Prohibitive Steps Order was discharged and the father’s contact amended, and reduced, to alternate weekends and half of the school holidays.

Following this amendment to the contact arrangements, the mother was able to relocate with her children.

The father, however, appealed to the Court of Appeal; this was however unsuccessful. The Court of Appeal confirmed that the Judge in the first instance was proceeding on the straightforward basis that the child’s welfare is of paramount concern. The mother was the primary carer despite the recent increase in the father’s contact. The Court considered that the mother’s wish to relocate was reasonable and justifiable to improve her job prospects and also to get away from the father’s oppressive, controlling behaviour. The Judge also specifically considered the impact on the child and was reassured that the mother would continue to promote and allow contact between the father and the child.

Lady Justice Black, at the Court of Appeal, took the opportunity in her short judgement to reinforce the fact, as the Judge had done at the initial hearing of this case, that a child’s welfare is always paramount.

If you wish to move, even a short distance, it is very likely that you will need the permission of the other parent, but if they are unlikely to agree or you have concerns about a move, then it is always sensible to take legal advice.

Holmes & Hills Solicitors in Braintree has a team of Family Law solicitors that offer specialist advice on divorce and separation, children matters and financial (divorce) settlements. Holmes & Hills also has offices in Halstead, Sudbury Tiptree and Coggeshall.