In circumstances where one parent wishes to relocate with their children (either somewhere in the UK or abroad) it may be necessary to make a court application if the other parent does not consent to the intended move.
The Law on Relocation
The Court will always consider the best interests of the children when considering an application to relocate. The Children Act 1989 sets out the ‘welfare checklist’ which will be applied when making a decision, thus the intended move must be child focused.
The court will generally explore the following:
- What are the reasons for relocation
- The motivation of the parent seeking to relocate
- Are immigration issues relevant
- What is the effect of refusal to relocate on the children
- What is the impact of refusal on the parent wishing to relocate
- Schooling; has the parent researched this properly
- Are there special cultural factors such as religion or language
- Evidence of back up in the event of problems
- The cost of contact between the children and the non-resident parent. How will the cost be funded? Is planned contact feasible in practice? What journeys can the children cope with?
- What is the effect on the children of disruption
- What do the children leave behind
- What are the wishes and feelings of the children? Do the children understand?
Both parties will, therefore, be expected to file statements setting out the reasons for relocating/ reasons for opposing relocation. This should include factors such as financial considerations, schooling, support network and practical arrangements for future contact.
It is notable from the above that the court will want to know how the children will continue to have a relationship with the non-resident parent if the move goes ahead. An application is, therefore, likely to fail if the application is pursued on the basis that one parent seeks distance from the other.
For more details on relocation and to arrange a free initial discussion with a specialist Family Law solicitor, please contact Myers Law on 01733 968650.
