I would like to move away with my child. What do I need to know?

Relocation within England and Wales

If you wish to relocate within the jurisdiction (England and Wales), it is sensible to consult any others who have parental responsibility for the child. Any person who has parental responsibility has the right to be consulted on important decisions in a child’s life. As relocation is likely to represent a big change in a child’s life, it is common practice to seek the consent of others who have parental responsibility (PR) for the children before relocating internally.

A child’s mother will automatically gain parental responsibility for a child. A father will have parental responsibility if:

1. He was named on the child’s birth certificate;
2. He was married to the mother at the point of the child’s birth;
3. If there is a parental responsibility agreement in place conferring PR; or
4. If a court order confers PR on him.

If consent is received, the relocation can proceed as planned. It may be sensible to consider agreeing on a parenting plan to set out arrangements for your child/children moving forwards, including arrangements for contact once the move takes place.

If a person with parental responsibility is unhappy with the move, they can apply to court for an order preventing you from removing the children pending consideration by the court. You can make your own application for an order permitting you to remove them. It is sensible to seek legal advice before making any such application, so as to ensure that your application is prepared in the best possible manner.

Relocation outside England and Wales

In order to remove a child from the jurisdiction (England and Wales), you must have the consent of anybody who has parental responsibility for the child. Failure to do so constitutes a criminal offence of child abduction. The court has wide-ranging powers to ensure a child is returned to the jurisdiction. It is important to ensure you immediately take urgent legal advice if your child has been taken abroad without your consent or you fear he/she may be, and if you are the person considering a move abroad it is essential you take legal advice at an early stage in your plans.

What will the court consider?

Any application to relocate, whether moving elsewhere in the country or abroad, should be well thought out. When a court is being asked to consider whether to grant permission to relocate, they will want to see careful plans from the parent seeking permission, ensuring they have given proper thought to their proposal. Ultimately, any decision will be made based on what the court considers to be in your child’s best interests.

The sort of things you might like to consider are:

• Education. Where will your child go to school? What are the school’s facilities like? What are the Ofsted records like?
• Health. What are the health facilities like? Will your child have access to the same services that they have currently? This is particularly important in cases of international relocation.
• Wellbeing. Will your child still be able to carry out the same extracurricular activities that they do currently? How will they maintain links with family and friends? Is the move child focused? How will it impact your child’s life?
• Contact. How will contact with the other parent be maintained? What are your proposals for contact and how will this be facilitated when you no longer live locally?
• Motives. What is the motivation for the move? The court will want to see that your motivation is a genuine one, rather than being borne out of a desire to exclude the other parent.
• Implications. What will be the impact if the application is successful? What will be the impact if it is refused?

The more detail you can provide, the better position you will be in to show the court that your plans are realistic and child-focused, and the more likely you will be to make a successful application. The welfare of your child will be a paramount consideration.

If you would like information or advice regarding a proposed relocation, book a fixed fee consultation with one of our family lawyers today. Call 0330 0945 500, email family@nevesllp.co.uk or complete our Contact Form and we'll get back to you.