Relocation with child after divorce or separation

Specialist family law solicitor, Alexandra Jury, discusses the issue of parents relocating with a child after divorce or separation.

What is relocation with a child?

Relocation is when one parent would like to move to a new area whether in the UK or abroad.

A parent is not permitted to permanently remove a child from the UK unless they have consent from the other parent with parental responsibility for the child to do so, or if the family court has provided permission.

A difficult situation can arise where one parent seeks to move to a different area in the UK with the child which could cause disruption to the time the child spends with the ‘left behind’ parent.

When do these cases arise?

When parents separate it can be common for one parent to want to relocate for a number of reasons. Common reasons we see are:

• A better support network / lifestyle – where one parent wishes to move closer to their support network or wants to relocate on the basis that their life would be better.
• Lower costs of living – where one parent wishes to move due to financial reasons (e.g a proposal to move away from London)
• Closer to family – where one parent wishes to move ‘home’ which could be in the UK or abroad.
• Moving for work – where one parent has been offered a job elsewhere in the UK or abroad.
• Relationships – where one parent has married or formed a new relationship with someone who lives elsewhere in the UK or abroad or who has the intention to do so.

What will the Court consider when relocating with a child?

The welfare of the child is the paramount consideration with each case being decided on its own individual facts. The Family Court will always consider what is in the child’s best interests whether it is a relocation within the UK or abroad. The Family Court is guided by the welfare checklist:

• the child’s wishes and feelings;
• the child’s physical, emotional and educational needs;
• the likely effect on the child of any change in their circumstances e.g the impact of the move.
• the child’s age, sex, background and any characteristics of the child which the court considers relevant;
• any harm which the child has suffered or is at risk of suffering;
• how capable are each parent, and any other person in relation to whom the court considers the question to be relevant, is of meeting the child’s needs;
• the range of powers available to the court under the Children Act 1989.

The Court will not make an order unless it considers that in doing so would be better for the child than making no order at all.

Top tips if you are considering a relocation with a child after divorce or separation

A successful application for permission to relocate whether in the UK or abroad will require well thought out tactical planning. You will need to consider planning in advance (12-18 months at a minimum). You should always seek consent first and if that is not forthcoming you can make an application to the family court. You should prepare a detailed plan considering:

• housing / travel and transport links
• schooling
• childcare / friends and family support network
• job opportunities
• standard of living
• how the child will spend time with the parent who doesn’t move
• think about your motivation behind the move

Top tips if you are opposing your child relocation after divorce or separation

• Consider your reasonings for wanting to prevent the move, is this generated from wanting to maintain the existing arrangements in place with the child or do you have a genuine concern or belief that the move will not be in the best interest of the child.
• How does the child feel about the proposed relocation, generally the older the child the more influential their wishes and feelings will be and the more weight that will be attached to them.
• Try to communicate openly with the other parent, approaching the matter directly between parents can be a useful tool to identify the pros and cons of any move or opposition to a move. There are several ways that you can deal with a relocation dispute if one was to arise. You can engage the service of a mediator who can work with both parents to reach an agreement in respect to the proposed relocation. You could also discuss the relocation through solicitor correspondence.
• If you are concerned that one parent may move without seeking your consent, then you may need to consider an application for a prohibited steps order or specific issue order.
• Continue to be involved in the child’s life as much as possible not just spending time with them but also being involved with their schooling, extracurricular activities, healthcare and general meetings. If there is a current child arrangements order in place, then abide by it.

The courts have considerable discretion when dealing with relocation cases, in Re Boy A; D v D [2022] EWFC 164 the Judge wrote a letter directly to the children which attracted a large amount of media attention.

Ms D v Mr D [2022] EWFC 164

The case concerned two children 8 and 11. A child arrangements order had been in place since 2018 which divided the children’s time equally between their parents in London. The matter returned to court when the father sought an order for the children to live with him in London and spend time with the mother and mother sought an order for the children to relocate to live with her in Somerset and spend time with the father.

The mother’s application to relocate was refused and an order was made that the existing arrangements for the children were to continue as these were in their best interests. The court’s reasoning was that the mother did not fully recognise how the father enriched the lives of the children and there was doubt, if the move were permitted, as to whether the mother would sustain and nurture the children’s relationship with their father.

The judge proceeded to write a letter to the children explaining his decision which has been praised for its clear and relatable language.

Family law specialists

If you are deliberating about moving to a different area or country with your child, or your former partner or spouse has threatened to move away, and you do not agree then you should seek advice from a specialist family law lawyer.