Internal and External Relocation

It is not uncommon that following a breakdown of a relationship, that one party wishes to relocate (with their child(ren)) either in the UK or abroad. This can be a complicated and emotional process with legal implications if not approached correctly.

It is important to highlight that consent must be given by all parties who have parental responsibility or a court order. If this is not obtained, then removing your child(ren) without consent may well be regarded as child abduction, which is a criminal offence in particular circumstances.

Primarily, applications to relocate are often prompted by a wish to relocate where there is a support network of friends and family.

When the Court considers applications for relocation, the overriding principle in any case remains to be the welfare of the child. The Court may take into account the child’s wishes, needs and their own opinion of the potential move dependent on their age.

There is a presumption that it is favourable for both parents to be involved in a child’s life unless its otherwise proven contrary to further the child’s welfare.

Whether you’re seeking to relocate with your child(ren) or responding to a relocation request, it is essential that you prepare thoroughly for either application.

Things to consider before applying are:

• Reasons for why you wish to relocate and how this move will benefit your child’s welfare.
• Detailed proposals of new living arrangements, including information of schools and other amenities
• Evidence of employment or financial stability
• Support network of friends and/or family members
• Healthcare arrangements
• Impacts of changes in language, culture and religion on the child
• Financial plans, how the move will be funded and travel costs for contact
• Proposals for meaningful contact between the child and the other parent
• The impact of a potential refusal to relocate
• Legal and immigration requirements to the proposed place of relocation.

This to consider before opposing are:

• Document your current involvement and relationship with your child.
• The potential impact of the proposed move on the child’s welfare.
• The functioning of contact arrangements
• Preparing alternative proposals responding to the legitimate concerns and motives raised by the relocating parent
• Financial implications/burdens the relocation might place on you
• Consider an application for a Prohibited Steps Order

If you or anyone you know has any interest in relocating or are confronted with an application for relocation, please get in touch with the Family Team today and would be more than happy to discuss the options available to you. Please call us at our office in Leicester on 0116 255 4855 and ask to speak to a member of the Family Team. Alternatively, you may prefer to email us at legal@johnsonastills.com or fill in our enquiry form.