Child relocation is a complex and emotional aspect of family law. Whether you're considering moving with your child or being faced with your child moving away, it's important to understand the legal implications.
Sarah McCarthy, Partner & Head of Private Family Law at Jackson Lees, provides key information on understanding your position.
Obtaining Consent for Relocation
If both parents share parental responsibility, the party looking to relocate must obtain the other parent's consent. If the other parent refuses to give their permission, resolution through a court order or an agreement would be needed to move forward.
Relocating a child without the appropriate parental consent can result in court proceedings, and in some cases, the relocating parent may be ordered to return the child to their original home.
If you're unsure about needing consent for your planned move or your co-parent is looking to move with your child, seeking legal advice can help avoid unnecessary complications.
Getting Court Approval for Relocation
When the other parent does not agree to the relocation, the moving parent can apply for a court order which can grant permission for relocation if the court agrees that it benefits the child.
To strengthen their case, the applying parent must present a well-structured plan for the move, including detail about housing, schooling, healthcare, how financial needs will be met and how contact with the other parent will be maintained.
The opposing parent has the right to contest the application, and both parents will have the opportunity to present their arguments before a judge decides.
Options for the Left-Behind Parent
The opposing parent can apply for a Prohibited Steps Order, which prevents the other parent from moving the child without permission. Courts take applications seriously, particularly when a relocation would limit the child's ability to maintain a relationship with the non-moving parent and any other siblings.
To successfully challenge a relocation request, the opposing parent must demonstrate that the move would be detrimental to the child's well-being. This may include evidence showing that the child has a strong emotional bond with both parents and that moving would disrupt their stability and routine.
International Relocation Laws
Moving a child to another country can be more complex and the parent wishing to relocate internationally must obtain the other parent's consent or seek a court order.
International relocations must comply with UK family law as well as the laws of the destination country, such as the Hague Convention, which safeguards against the wrongful relocation of children across international borders.
If a parent relocates a child internationally without consent, the left-behind parent can take legal action to seek the child's return.
Emergency Legal Action
In extreme cases, where the child has been relocated without permission, urgent legal action may be necessary. If the child has been unlawfully taken abroad, the Hague Convention can be used to secure their return.
How Can Jackson Lees Help?
Whether seeking permission to relocate or challenge a move, knowing your legal rights is essential. We recognise the emotional challenges these situations present, and our empathetic team of family law solicitors are here to guide you through the process.
For a consultation with a member of our legal team, give us a call, make an enquiry or request a call back.