When a Parent wants to Relocate

Following the breakdown of a relationship one parent may wish to move away from their ex-partner and take the children with them. This can be a highly contentious issue in family law – as well as one of the most complicated. When considering whether a relocation is appropriate, the courts will need to carefully weigh up a variety of factors, before arriving at a decision. 

Reasons a parent may wish to relocate. There are generally five main reasons behind a parent’s wish to relocate: 

1. Returning home

After a relationship breakdown one parent may want to return to their original UK hometown, or head back to their home country, with the children. 

2. A specific opportunity

A parent may, for example, receive a promotion that involves a move abroad, or be transferred to another part of the UK. 

3. To live with a new partner

If their new partner lives elsewhere, or is relocating abroad, a divorced parent may want to move in with them, along with their children. This has become a more frequent scenario, since the introduction of internet dating. 

4. Lifestyle choices

A parent may feel that a move will improve their own, and the childrens quality of life, or will increase opportunities for the family – without any (or very few) specifics being detailed. 

5. Removing children from their present situation

In a minority of cases, a parent may wish to relocate in order to detach themselves and the children from the other parent. 

Why are relocation cases so difficult?

There’s no half-way house

There’s no compromise when it comes to relocations, it’s a case of going or staying. If, for example, both parents live in Sussex and one is offered a job in Leeds, it would be pointless to suggest a move to Northampton as a compromise. The same logic applies if one parent wishes to relocate to live closer to family in another country – there can be no compromise in terms of location.

Access arrangements become more difficult

Access arrangements are another sticking point. When separated parents live close together access arrangements can, in theory, be easily managed. When a parent moves away with the children, however, access by the remaining parent becomes more difficult. 

Temporary relocations can be problematic

Temporary relocations can also bring with them complications. For example children may go on an extended visit to family or friends or could be required to accompany a parent due to the death of a family member. The remaining parent may begin to question when the children will be returned or worry that their relocation will become permanent. 

Every relocation case is different

There are often very personal reasons behind a wish for a parent to relocate. This makes it difficult to predict the outcomes of each case, especially since there’s no legal distinction between the different reasons for relocating. 

Changing nature of child arrangements

It’s become increasingly common for parents to share joint custody of their children. When both parents are equally responsible for the care of their children it’s more difficult to apportion priority to either parent. 

Difference between national and international relocations

When judging on a proposed relocation, geography is just one factor that needs to be considered by the courts. In law, there’s no procedural distinction between a proposed relocation within the UK, and an international relocation. 

However the following points will have some bearing on the case: 

Automatic prohibition on moves abroad that exceed one month

Where there is a child arrangement order in place that specifies where the child will live, a prohibition order is automatically applied. This states that the child cannot be taken out of the UK for more than one calendar month, without the written consent of everyone with parental responsibility. This restriction does not apply to moves within the UK. 

Availability of different orders

Where one parent wishes to relocate with the children abroad, they can apply for one of the following orders: 

• A Specific Issue Order under Section 8 of the Children Act 1989: This order applies to all cases.
• A standalone Leave to Remove Order under Section 13 Children Act 1989. This order only applies to cases where a child arrangement order is already in place. 

When seeking to relocate within the UK the courts may use the following orders to regulate a case: 

• A Specific Issue Order that permits the relocation to take place
• A Prohibited Steps Order that prevents the relocation from taking place
• A Specific Issue Order that relates to a particular issue, for example the child’s education
• A Child Arrangements Order

Legal issues surrounding relocations

A number of legal issues may need to be addressed when relocating a child: 

In the case of an international relocation additional issues may arise, for example around the enforcement of contact arrangements. These resulting legal issues can vary in complexity, depending on whether the move is to another EU country, or whether the relocation is to a country which has signed up (or not) to the Hague Convention 1996. 

If the relocation is domestic, the legalities are less of an issue, however if the child is moving from England and Wales to Scotland or Northern Ireland, child arrangements orders need to be registered in the new jurisdictions in order to be enforced. The English and Welsh courts may, in some instances, have no jurisdiction, if the child has been resident in Scotland or NI for over one year. 

What to consider before making a formal application

• Are there any existing court orders in place regarding the child’s place of residence?
• Why do you wish to relocate?
• Will this be a domestic or international relocation?
• Is the relocation permanent or temporary?
• How do you envisage child arrangements, in terms of allowing the other parent access to the children?
• How will you organise the children’s education and other important aspects of the children’s lives?
• Is the risk of domestic violence preventing you from discussing a possible relocation? 

Discussing the relocation 

The relocation should be discussed, either face-to-face, where possible, or via solicitors.

Mediation

Mediation is another option if discussion fails. Prior to making an application both parents will be invited to attend a Mediation Information and Assessment Meeting (MIAM). Where instances of domestic violence have occurred, or there are child protection concerns, the Respondent may be exempt from attending. 

Once the application is made you can proceed to mediation with the aim of meeting certain deadlines, e.g., to fit in with a start of term date at school, or to accept a new job. 

Progressing your relocation application

You will need the following: 

• A Specific Order pertaining to Section 8 of The Children Act 1989
• A completed Form C100, which should not contain unproven allegations against the respondent, unless there are concerns regarding risk of harm to the children. If you need to include the latter you should also fill in Form C1A to supplement Form C100
• Form C100 needs to be filed at your local Family Court. It will be allotted to a judge and then served upon the parent named as Respondent 

Prior to the First Hearing Dispute Resolution Appointment (FHDRA)

What you will need:

• A letter of instruction, prepared jointly with the respondent’s legal advisor, to identify the involvement of any experts
• A full plan of all aspects of the relocation 
• A succinct and focused position statement that summarises: Which order is to be sought; the reasons for the application; points in favour of the application; proposed arrangements for contact; any relevant deadlines, for example new school year starting dates. If required you can also include a chronology. 

What happens at the FHDRA

At the FHDRA the court will see that all statements, expert evidence, and any welfare reports are filed. Then a timetable will be set out.

You will need to resolve any outstanding issues in accordance with the timetable. If at the FHDRA you are asked to prepare and file evidence, you will need to do this in advance of the Final Hearing. 

Before the Final Hearing 

You will need to prepare a statement that details all the information relating to the relocation. This shouldn’t include any undue criticism of the respondent or make disputed claims regarding their involvement in the children’s lives. The focus should always be on the welfare of the children. 

Final Hearing: The Order

If you are allowed to relocate with the children, then the order made at the Final Hearing will generally include contact provisions and safeguards to support contact by the other parent. There may be a provision stating that the relocating parent secures a mirror order (i.e. the same order) in the new jurisdiction.