Child relocation
Any move should be in the best interests of the child
Focusing on the welfare of the child
At the end of a relationship, parents may hold significantly different viewpoints regarding the best arrangements for their children. These perspectives are often shaped by their individual circumstances and future aspirations. The prospect of child relocation can prove to be an emotionally taxing decision for either parent. This holds especially true if the circumstance is beyond a parent’s control – perhaps stemming from factors such as job loss or reassignment – or due to the introduction of a new partner living at a considerable distance, or abroad. It is an incredibly difficult situation and one that is recognised as being one of the most contentious in Family Law.
Understanding your rights
When a parent makes a unilateral decision, proceeding without the agreement of the other parent, there is a potential risk of the court intervening to alter any intended or recent relocation. The court’s intervention could involve issuing a Prohibited Steps Order, or potentially granting a Specific Issue and/or Child Arrangements Order. Such orders might require a parent to revert to the “status quo” that existed prior to the relocation.
Furthermore, if a child is relocated outside of England and Wales without obtaining the consent of the other parent, the responsible parent might face allegations of child abduction. This could result in the parent who removed the child facing criminal proceedings.
Seeking early legal advice
The Family Court places a strong emphasis on thorough and thoughtful deliberation when it comes to contemplating the relocation of a child. This entails providing comprehensive evidence regarding the prospective living conditions, educational arrangements, and, importantly, well-devised plans for the child to maintain consistent interaction and communication with the non-relocating parent.
It is very important to seek early legal advice.
How Jones Myers can help
We can help you if you wish to relocate your child and need to request permission from your ex-partner or if you need to make an application to the court. We can also assist should you disagree with your ex-partner’s plan to relocate your child or if your child has been relocated without your consent. If you’d like a conversation regarding the services we can offer you, please feel free to get in contact now with one of our children law experts.