Overview
What is child relocation?
Child relocation is an aspect of family law that involves moving a child from one location to another, often following a divorce or separation. It can be a challenging and emotional journey for families.
Whether you’re considering a move or facing opposition, understanding the legal aspects is crucial. Major decisions affecting a child's life, such as relocation, require agreement from both parents who have parental responsibility (and any other person who has parental responsibility).
If there is a disagreement, the court can assist. In court proceedings, the child’s welfare is paramount. Considerations such as the child's emotional stage, educational needs, medical needs, social well-being, and the importance of maintaining a meaningful relationship with both parents are some of the circumstances which will be taken account of in these cases.
Can I relocate with my child after divorce?
In the UK, both parents with parental responsibility have a say in major decisions affecting their child’s life, including where they live. If you both agree to the relocation, there is no legal barrier. In these circumstances, it may be advisable to have any agreement embodied into a court order.
However, if there is opposition, you will need to seek permission from the court before moving with the child/ren. Failing to do so could result in serious legal consequences, including being ordered to return your child to their original location.
Do I need the other parent’s permission to move with my child?
If both parents share parental responsibility, you will need the other parent’s consent before moving. This applies whether the relocation is within the UK or abroad. If permission is refused, legal steps are necessary to allow you to move.
If you are unsure if you need consent to move your child, avoid the stress of court proceeding by seeking legal advice early on. We’re here to help you navigate the complexities and ensure a smooth transition.
Get in touch with our Family Law team today
What does the court consider in child relocation cases?
The child’s welfare and best interests are the courts top priorities. Factors carefully considered and evaluated include:
- How financial needs will be met
- Where the child will go to school
- How the child’s medical needs will be met
- Your own support network
- Where the child will live
The court also looks at how the move will impact the child’s relationship with the non-relocating parent and any other siblings. Stability is key, as uprooting a child can have lasting effects. Judges ensure the move is genuinely in the child’s best interest.
What can I do if I oppose my child’s relocation?
A parent who opposes the relocation can apply for a ‘Prohibited Steps Order’ or challenge the relocation order application to prevent the child being moved without permission.
To challenge a relocation request, you will need to show that the move would harm the child’s well-being. Evidence of strong emotional bonds and the disruption of stability and routine can support your case.
Courts take these applications seriously, especially when it limits the child’s ability to maintain a relationship with the non-moving parent.
How can Jackson Lees help?
Child relocation cases are among the most challenging aspects of family law, often involving strong emotions and significant life changes for all involved.
Whether you are seeking permission to relocate or challenging a proposed move, understanding your legal rights and obligations in family relocation is essential. Courts prioritise the best interests of the child, meaning each case is unique.
Seeking professional legal advice at an early stage can help you navigate the process effectively and reach a resolution that serves your child’s well-being. If you are facing a child relocation issue, contact our experienced family law solicitors for tailored legal support and guidance.
Make an enquiry or request a call back from our Family Law team today, alternatively you can call us on 0151 282 1700.