Relocating Your Child After Separation or Divorce

10/05/2016

There can be a number of situations where the need for relocating a child may arise. One parent may be offered a new job in a different part of the country or may wish to return to a part of the country where they have family and friends.

Unlike external relocation – taking a child abroad – there’s no automatic restriction on moves within the UK. Internal relocation cases are treated differently to external relocation cases and proposed moves within the UK would usually only be stopped in matters where there were exceptional circumstances.

The recent case of Re C (Internal Relocation) has helped to provide some clarity as to the likely approach the court will take when determining applications where one parent wants to move within the UK with a child.

The welfare of the child is the court’s main consideration. The court will listen to proposals put forward by both parents and carry out a welfare analysis. It will consider a range of factors including the practical arrangements, the motivation of the parent proposing to relocate, the ability for a relationship to be maintained with the other parent and the child’s view.

If you’re a parent seeking to relocate with a child to a different part of the UK there are a number of ways that an agreement can be reached. This may be through agreement with the other parent or with the assistance of a mediation service, for example.

If you’re unable to reach agreement or if you’re concerned about a proposed move and whether it’s in the best interests of your child, the following applications can be made to the court.

• Specific issue order – an order allowing a child’s relocation or dealing with an issue about schooling
• Prohibited steps order – an order preventing a child’s relocation

As members of Resolution, Russell & Russell’s family team are committed to helping parents deal with matters in a constructive and non-confrontational manner, putting the needs of the children first. In all cases relating to internal relocation, the courts main consideration is the welfare of the child.