Relocating with a child is a significant decision that requires careful planning and consideration. Whether you’re moving within the UK or considering an international move, here are five top tips to help you navigate this complex process.
1. Understand legal requirements
First and foremost, it’s crucial to understand the legal requirements around relocation. Identify the legal rights of each parent, such as who has parental responsibility and whether there is a child arrangements order in place. Consider whether the other parent is likely to consent to the relocation.
It's important to note that even if you already have a child arrangements order, you will still need either your ex’s consent or a court order if you are looking to move internationally or to anywhere that would undermine the feasibility of the existing arrangements.
If your ex believes you are making decisions about moving without their agreement or without providing full information, they can apply to the court for a prohibited steps order. This order can prevent the children from being moved or taken out of England and Wales until the decision has been carefully considered. Permanent removal of the children abroad without agreement from everyone with parental responsibility or the court may result in criminal charges and impact any future applications regarding the children’s contact or residence.
2. Prioritise the child’s best interests
Your child’s welfare should always be at the heart of your decision when considering whether or not to relocate. Consider how the move will impact them, including their emotional, psychological, and educational well-being. Consider how a move would impact on their relationship with the other parent, and how this could be mitigated.
Their happiness and stability are paramount, so ensure the relocation will provide a stable and supportive environment for them.
3. Prepare a detailed relocation plan
Consider all aspects of the move, including housing, schooling, healthcare, and travel arrangements. This will help demonstrate to both your ex and the court that you have thoroughly considered how the move will affect your child’s life.
If an agreement cannot be reached with your ex, the judge will be guided by the Welfare Checklist and previously reported court decisions. The judge will look at the whole picture, including:
- The reasons for the move;
- Whether the desire to move is genuine;
- Whether the moving parent has thought about the practicalities, such as where they will live and where the children will go to school or nursery;
- What the impact will be on the parent wishing to go, and on the children if the court declines the relocation;
- What the impact will be on the relationship between the children and the parent left behind if the court accepts the relocation; and
- How the relationship between the children and the left-behind parent will be supported if the move is allowed.
It is important to ensure that your relocation plan addresses these points. Propose practical solutions for maintaining regular contact, such as scheduled visits, video calls, and holiday arrangements.
Demonstrating a commitment to preserving the child’s relationship with the non-relocating parent is crucial.
Moves designed to “get away” from an ex or to disrupt the relationship between a child and a parent will be viewed with caution. If you are the one wanting to move, you should focus on the “pull” of the place you want to go to and show why the move is in your children’s best interests. There are situations where the adverse impact of co-parenting with someone who has been found to be abusive, is a relevant factor.
4. Consider Mediation and Non-Court Dispute Resolution
Although cases involving child disputes often end up in court due to the difficulty in reaching a compromise between two diverging opinions and wishes, the court process can be polarising and detrimental to the co-parenting relationship.
It's encouraged to first consider if a non-court alternative could be used and whether an agreement can be reached either directly between the parties or with the help of third parties such as solicitors, mediators, or arbitrators. These methods can help you reach an agreement without the need for court intervention, which can be more cost-effective and less stressful for all parties involved.
In all cases, having experienced legal representation is crucial. If you need advice about which process would be best for your specific situation, please contact our specialist family law team.
5. Be Prepared for Court Proceedings
If your ex contests the relocation, you must apply to the court for permission. This involves presenting your case clearly and convincingly, while addressing the court’s concerns and demonstrating that the move is in the child’s best interests.
It is recommended to always be prepared for court proceedings by gathering all necessary documentation, including the relocation plan, evidence of the benefits of the move, correspondence with the other parent, and any relevant financial information. A well-prepared and well-documented case can increase the likelihood of a favourable outcome.
Conclusion
Relocating with a child is a major decision that requires careful legal planning and consideration. By understanding the legal requirements, prioritising your child’s best interests, and maintaining open communication, parents can navigate this challenging process more effectively.
You should consider having honest and age-appropriate conversations with your child about the move. The existence and contents of these conversations should ideally be first agreed between parents. Explain why the move is happening, what they can expect, and try to address their fears and concerns.
This will allow them to feel more included in the decision-making process and feel more in control. Keeping some things consistent in your child’s life, such as maintaining relationships with family and friends, ensuring a smooth transition to a new school, and keeping up with extracurricular activities, can also help ease the transition.
Seeking professional support can also help ensure a smooth transition for both the parent and the child. At Mills & Reeve, we are here to support you every step of the way. If you need more personalised advice or have specific questions, please don’t hesitate to reach out to our experienced family law team.