No! It is often mistaken that the parent with whom the child(ren) lives could easily move away with the child(ren) without the other parent’s consent or an order of the court.
Separated parents tend to decide to move away for various reasons. These could be due to job opportunities, new relationships, to be closer to family, lower costs of living etc. When separated parents live relatively close to each other, managing child arrangements and maintaining contact with the child(ren) could be much easier than if one parent was to move away.
The father’s consent is required when deciding whether the child(ren) should move provided he holds parental responsibility for the child(ren). If his consent cannot be obtained on where the child(ren) should live geographically, then permission from the court is required to relocate. This should be obtained before moving away with the child(ren). The same applies to the mother or anyone else with parental responsibility too.
Whilst each case must be considered on a case-by-case basis, when determining an application for relocation, the court would first consider the welfare of the child(ren) concerned. For the application to be successful, it needs to be demonstrated that the proposed move is in the child(ren)’s best interests. A detailed plan, i.e., arrangements for the other parent to continue having contact with the child(ren), housing, job opportunities, childcare or schooling, support system etc should be set out.
Where there is a child arrangements order in place specifying whom the child is to live with, this automatically prohibits taking the child(ren) out of the UK for more than a calendar month without written consent of everyone with parental responsibility. This does not however automatically prohibit any move within the UK.
The above is mainly intended for external relocation only.
If you have any questions about anything discussed in this article, please contact us on 0345 646 0406 or complete an online enquiry form, and a member of the team will be in touch.