After separating, many parents will naturally assess their living circumstances and may wish to move elsewhere. Relocating within the local area rarely causes issues but if you are considering a move outside of the county, or country, it is important you understand the implications.
The common misunderstanding is that the primary carer of the children can do as they please, but it is not that simple.
I want to move, what should I do?
First and foremost, it is advisable to speak with the other parent regarding any important decisions you are making that involve the children. Often a move will lead to a change of a child’s school which will also need to be considered.
If your proposed move is not agreed by the other parent, you may want to consider attending meditation to discuss the matter more formally. You can put forward your reasoning for wanting to move and hear from the other parent as to what their concerns are.
Setting out a plan for a proposed move may be useful as you can suggest schools and locations to discuss with the other parent.
We can’t agree, should I make an application to the court?
If you have exhausted the out-of-court options, you may be left with little choice but to make an application to the court.
If you are the parent seeking to move, you could apply for a Specific Issue Order to relocate. If you are the parent objecting to the move, you could apply for a Prohibited Steps Order, preventing the relocation. In both cases, you should seek advice before doing so as the court will carefully consider whether a move is in the best interests of the children. The following factors will need to be considered:
- Is relocating going to benefit the children? You may be moving to a larger property or a more affordable location.
- Is a change of school going to cause disruption? The children may have started an important stage at school such as GCSE’s or have additional needs that need to be addressed.
- Will contact with the other parent be impacted? If the children spend alternate weekends with the other parent, will this still be possible if you move? A court may not take kindly to a parent’s contact being reduced due to a move, especially if there is an order in place setting out the level of contact that takes place.
I want to move out of the UK.
If you are planning to relocate outside of the UK, it is important to carefully consider the impact this will have on the children. Often, these circumstances lead to court proceedings as moving to another country can of course lead to a change in contact with the other parent.
Additional factors such as language barriers, educational needs and support from family and friends need to be considered when proposing a relocation abroad. Whilst it can be appealing for children, and parents, to picture a sunny place to call home, a court will ask whether this is truly in the best interests of the children.
If you are considering a relocation or have questions about child arrangements generally, call today or make contact with us below.
