Moving away

Moving Away

Whether you wish to locate to another part of the country or live permanently abroad, or indeed are concerned that your child’s other parent wishes to move away with your child, our highly experienced lawyers will work with you to make an informed decision as to what you need to do next.

Moving to another country (known as external child relocation)

• If you wish to take your child to live permanently abroad, the consent of the other parent or the permission of court must be obtained
• You will need to apply for a Specific Issue order if your child’s other parent does not consent.
• It is a criminal offence for a person connected to the child to remove the child from the UK without the appropriate consent. The UK is England, Northern Ireland, Scotland and Wales NOT just England and Wales.

What will the court consider?

The child’s welfare will be the paramount consideration when the court is considering the matter of child relocation.

The issues the court will consider are:

• Is the proposed move genuine and not an attempt to exclude the other parent from the child’s life.
• Are the plans in the best interests of the child.
• Are the plans realistic and well researched.
• Careful consideration of the other parent’s reasons for their opposition;
• Would there be a detriment to the relationship between the child and the other parent should the application be granted.
• What would be the impact on the parent should the application for be refused.

Moving to another part of the UK (known as internal child relocation)

If you wish to move to another part of the UK with your child the law is very different. It remains, however, good and responsible parenting to provide the other parent with details of any proposed move well in advance.

If agreement cannot be reached between you and your child’s other parent an application will need to be made to the court for a Specific Issue Order and/or a Child Arrangement Order.

The issues considered by the court when deciding on internal relocation are similar, although far less stringent, to those for external relocation cases above. The main consideration is the best interest of the child using the welfare checklist.

If you are a parent who objects to a proposed move, whether abroad or within the UK our team of lawyers will assist you in deciding what to do next. We will focus on working with you, ensuring that your child’s best interests are at the heart of any decision making. You may need to apply to the court for a Prohibited Steps Order if you cannot agree the arrangements with the other parent.

Whether you are wishing to move or prevent a move it is important to remember that your child’s welfare remains the court’s paramount consideration when dealing with issues surrounding moving away.

If you would like an appointment with one of our specialists in Brighton, London, Horsham, Kent, Essex, North Hampshire & Surrey or South/Mid Hampshire then please contact us on 0330 055 2234.