Relocation after separation can be problematic, especially when children are involved. Many parents assume they have the right to move with their child without the other parent’s consent, but this is not always the case.
This article explores the legal requirements surrounding child relocation, including when consent is needed, the role of the court and how decisions are made in the child’s best interests.
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, being closer to family, lower living costs, 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 were to move away.
When Is the Father’s Consent Required?
As with needing consent for taking a child on holiday, the father’s consent is also required when deciding whether the child(ren) should relocate, 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.
The Court And Relocation Applications
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 must 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.
Please note that the above is mainly intended for external relocation only. Please speak to our expert family solicitors for more information.
Need Legal Advice on Child Relocation?
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