The ‘how to’ guide to
child relocation
When people separate and there are
children involved, their main focus
is usually to provide a better future
for their children, focus on their own
personal sanity and start afresh.
Sometimes that can mean a parent
wants to remove their child from the
jurisdiction of England and Wales to
seek better job opportunities or be
around family members who might be
able to offer a greater support network.
To take those steps, a parent must seek
the consent of the other parent if they
share parental responsibility. Inevitably, that
parent is not likely to provide their consent
as they will not want their child taken away
from them. If the parent with whom the
child is living fails to seek the other parent’s
permission and moves abroad regardless,
that would be a wrongful removal. The
parent who has been left behind may
make an immediate application to the court
for the return of the child under the 1980
Hague Convention on child abduction.
For those reasons, you should always
ensure that you carry out the correct
procedure if you are intending to move
out of the jurisdiction - or indeed you
should be aware of what you can do if
your former partner intends to leave the
country with your child.
Previously set case law played a huge
part in any applications for relocation.
However, the provisions were quite clearly
out of date and unhelpful. The courts
have now moved on from the guidelines,
which were previously rigidly followed and
are now more persuaded by the child’s
needs compared to The Welfare Checklist
(Section 1(3) Children Act 1989).
Where it is clear that the motivation of a
parent to move is to distance themselves
and the child from the other parent, it
is likely that such an application will be
refused. What a parent who wishes to
relocate needs to demonstrate is that
such a move is intended to enrich their
child’s life. Do your research!
The court will want to know that you
have a practical and well thought out
plan, which not only provides a stable
and positive future for your child but also
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ensures a well-balanced relationship
with the parent left behind. Equally as
important is a plan if things go wrong.
The court will want to know that the
proposed schools have good statistics
and that the child will be able to adapt to
the new surroundings and engage with
other children of the same nationality.
Many countries have particular expatriate
areas that will assist any application as it
will demonstrate that the child will still be
able to maintain their current culture as
well as adopt new ones. Accommodation
will also need to be carefully thought out
as the court will want to ensure that the
child has some permanency and that it
meets their ongoing needs.
The main factor with any relocation is
the link between the child and the parent
left behind. The court will want to ensure
that suitable arrangements have been
made for the child to spend time with
the other parent. A carefully thought
out schedule should be considered with
the costs of travel borne in mind. Not
only should the schedule include time
during the school holidays but also it
should make proposals with regards to
Christmas and birthdays.
Where it can be proved to a judge that
a child’s life will be enriched by s uch
a move and the benefits outweigh a
reduction in time spent with the stayat-home parent, an application stands
a good chance of being successful if
presented in the appropriate way.
If you are the parent staying behind,
you will want to ensure that you
can demonstrate that such a plan is
unachievable or unworkable. You will need
to evidence the impact it will have on you
and your child for your relationship to be
reduced and remind the court of the wider
picture in that your child might miss the
opportunity of having a relationship with
their extended family due to ill health (a
particular family member might not be
around for much longer), distance from
you when the child returns home and so
forth. Most importantly, you will want to
focus on each element of The Welfare
Checklist and how it does not meet your
child’s best interests.
If you learn of your former partner’s plans
to relocate, you may make an application
to the court for a Prohibited Steps order
to stop them from going. Similarly, if
you find that it is too late and your child
has already left the country, you should
contact a solicitor immediately.
Relocation is a minefield and an
application must be done correctly if you
stand any chance in being successful,
either through making your own
application or opposing one. The most
important thing I can advise is to do your
homework. Preparation and knowledge
is vital. Applications must be set out in a
particular way and with the appropriate
information demonstrated and presented
to the court, which is where we can help.
Our family department has specialist
knowledge in cases involving removal
from the jurisdiction and Child Abduction
cases. Please contact a member of our
family team on 01323 730543.
By Tia Clarke