International relocation is no longer unusual, with more and more people moving abroad for a variety of reasons. Common reasons include to return home, the opportunity to pursue employment, a lifestyle decision, a new relationship or just a sense of adventure.
With the explosion of remote working, there has been an increase of people looking to live where they love, rather than where they ‘have’ to be.
Of course, any decision to relocate is always a significant one, but it has added complexities for separated parents as inevitably, moving with one parent creates a greater distance from the other, bringing the question of how contact can be managed, and the relationship maintained.
Given the magnitude of the decision for everyone involved, it is not uncommon for disputes to arise. If you are contemplating a relocation and your ex-partner does not agree, or if you are worried your ex-partner is trying to relocate with your children without your agreement, you can ask the court to adjudicate and decide whether or not the move should take place.
Peter Glascott in our Family team looks at key considerations as part of any relocation dispute.
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Do I need to obtain the other parent’s consent?
The law is clear that if you want to relocate, whether within the UK or abroad, you need the consent of everyone who has Parental Responsibility. This remains the case even if you have a “lives with” order in place.
There are various ways you can reach an agreement: through direct discussion, negotiation via solicitors, mediation, arbitration or as a last resort, through the courts. As part of obtaining consent, you would usually be expected to set out your plans in detail, with particular emphasis on how the children would be impacted, and how contact would work.
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Applying for an Order
If you cannot agree the issue of relocation, you may need to apply to the court. This can either be for an order which grants permission to relocate (a “Lives With” order, and/or a Specific Issue Order) or for an order which prevents a proposed move from taking place (usually a Prohibited Steps Order).
Sometimes even if you reach an agreement, you will need an order, either to give security to the child arrangements you have agreed, or because the country where the relocating parent is moving to requires consent to be formally recorded in this way.
In some circumstances, it is advisable to register the order in the destination country, or obtain an order in identical terms (a mirror order). A solicitor can advise you on whether it is necessary and how to go about it, if needed.
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What factors does the Court consider?
The Court looks at the welfare of the child or children, and this is the most important factor, rather than the needs and wants of any of the adults involved.
Under the Children Act, the court has a list of factors to consider as part of assessing the child’s welfare, called the Welfare Checklist.
This includes the wishes of the children involved, their age, their physical emotional and educational needs, and any harm they have suffered or could suffer, along with the impact of change.
When looking at a proposed relocation, the court will scrutinise the plans carefully to look at what it would mean for the children, carefully weighing the positive and negative effect. The relationship with the “left behind” parent and how contact can be maintained is always a crucial factor.
The court will look carefully at the practical plans, to work out whether the move is viable and what it would mean for the children in practice. This will include:
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Arrangements for the child's education: If the child is of school age, the relocating parent will need to consider how the child's education will be affected by the move. They may need to research schools in the new location and consider how the child will adapt to a new educational environment.
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Housing: The relocating parent will need to arrange suitable accommodation for themselves and the child in the new location.
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Healthcare: The parent will need to ensure that the child has access to appropriate healthcare if the move takes place.
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Finance: The parent will need to consider the financial implications of the move, including the cost of living, any potential changes to their income and the costs of maintaining contact.
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Contact with the non-relocating parent: The relocating parent will need to consider how contact between the child and the non-relocating parent will be facilitated after the move, setting out in detail how it will work.
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Cultural differences: The relocating parent will need to consider how the child will adapt to a new cultural environment, including language, customs, and social norms.
The court will consider these factors as part of an assessment of whether the move is in the child’s best interest, which will include a review of:
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The child's relationship with both parents and the arrangements to date;
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The child's age, wishes, and feelings (considered as against their age and understanding);
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The impact of the move on the child's education, social life, and overall wellbeing;
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The practicalities of maintaining contact between the child and the other parent.
The court must be satisfied a move is actively in a child’s best interests in order to grant permission, and will consider carefully any concerns and objections raised by the other parent. If permission to relocate is given, the court can place conditions on the move including timing, registering the order in the new location and/or payment of travel costs for travel, as some examples.
Relocation cases are difficult as they are generally a ‘yes’ or ‘no’ outcome, without the same scope for middle compromise that some cases have. Relocations cases are highly fact specific and will turn on their individual merits, but they will always come back to what is in the best interests of the children.
How can we help?
Relocation cases involve a lot of careful preparation and can involve complex legal argument.
It is always advisable to get advice from the start, especially given the court process can be lengthy and costly.
A specialist solicitor can ensure your plans cover everything the court will need to see and take you through the process stage by stage.
We have significant experience in international family law issues including relocation and a proven track record of helping our clients secure a successful and child focussed outcome for their family.
If you would like to speak to one of our specialist children’s lawyers about a proposed relocation (or how you can prevent one taking place), or about contact after a move has already happened, you can contact a member of the team here.
