Child relocation Jones Myers Family Law Leeds Harrogate York

Child relocation

Any move should be in the best interests of the child

Focusing on the welfare of the child

At the end of a relationship, parents may hold significantly different viewpoints regarding the best arrangements for their children. These perspectives are often shaped by their individual circumstances and future aspirations. The prospect of child relocation can prove to be an emotionally taxing decision for either parent. This holds especially true if the circumstance is beyond a parent’s control – perhaps stemming from factors such as job loss or reassignment – or due to the introduction of a new partner living at a considerable distance, or abroad. It is an incredibly difficult situation and one that is recognised as being one of the most contentious in Family Law.

Understanding your rights

When a parent makes a unilateral decision, proceeding without the agreement of the other parent, there is a potential risk of the court intervening to alter any intended or recent relocation. The court’s intervention could involve issuing a Prohibited Steps Order, or potentially granting a Specific Issue and/or Child Arrangements Order. Such orders might require a parent to revert to the “status quo” that existed prior to the relocation.

Furthermore, if a child is relocated outside of England and Wales without obtaining the consent of the other parent, the responsible parent might face allegations of child abduction. This could result in the parent who removed the child facing criminal proceedings.

The Family Court places a strong emphasis on thorough and thoughtful deliberation when it comes to contemplating the relocation of a child. This entails providing comprehensive evidence regarding the prospective living conditions, educational arrangements, and, importantly, well-devised plans for the child to maintain consistent interaction and communication with the non-relocating parent. 

It is very important to seek early legal advice.

Talk to us

    April 4, 2024

    How to avoid a tug of paws on who keeps the pet

    January 18, 2024

    How to Protect Children From a Fractious Court Divorce

    December 14, 2023

    Santa comes twice – a festive solution for separated parents

    December 12, 2023

    A Child Inclusive Mediation Guide – as Featured in The Divorce Magazine