Amber Kennedy, an expert in parental legal rights, shares essential information for separated parents considering relocating with their child. Understanding the legal landscape is crucial to ensure a smooth transition and prevent future disputes.
What is relocation?
Relocation occurs when a separated or divorced parent wishes to move with their child to a different area, whether within the UK or abroad.
Common Reasons for Relocating with a Child After Divorce
Parents may seek to relocate for various reasons, including:
- Job Opportunities: A parent receives a job offer or career advancement in another region or country.
- Family Support: Moving closer to relatives for emotional and practical support post-separation.
- New Relationships: Forming a new relationship with a partner who lives in another location.
- Lifestyle Improvement: Belief that a new location offers a better quality of life for the child.
Understanding parental rights and legal considerations
How far can I move with my child?
There is no strict legal limit on how far a parent can move with their child. However, maintaining the child’s meaningful relationship with both parents is typically in their best interest. The further the relocation, the greater the potential impact on these relationships.
Moving abroad with your child
If no child arrangements order exists, you need written consent from all individuals with parental responsibility. Without consent, you must obtain court permission.
If a child arrangements order is in place:
- Living with you: You cannot take your child abroad for more than 28 days without the consent of all individuals with parental responsibility or the court’s approval.
- Spending time with you: Written consent or court approval is mandatory, regardless of whether the other parent has parental responsibility.
Failure to follow these procedures could lead to accusations of child abduction, resulting in legal action for the child’s return.
What if my ex-partner agrees to the relocation?
Consider obtaining a child arrangements order by consent. This order formalizes the agreement, reducing the risk of your ex-partner withdrawing consent unexpectedly.
What if my ex-partner refuses to agree?
You can apply to the court for permission to relocate. The court will assess whether the move is in your child’s best interests, evaluating factors like educational opportunities, emotional needs, and the impact on their relationship with the other parent.
Court Considerations in Relocation Cases
Key factors the court will assess include:
- The child’s wishes (age-appropriate)
- Emotional, physical, and educational needs
- Impact of the relocation on family dynamics
- Ability of each parent to meet the child’s needs
- Potential harm from changes in circumstances
Costs and Timeframes for Relocation Applications
- Legal Costs: Vary depending on whether the application is by consent or contested.
- Time frame: Court applications may take 9 to 18 months or longer in complex cases.
How to approach relocation discussions with your ex-partner
Open communication is key. Mediation can be a helpful way to reach an agreement. Tees offers expert mediation services through qualified partners Helen Midgley and Clare Pilsworth.
Get Expert Legal Advice
Relocation cases are increasingly common. Seeking legal advice early can ensure you present a well-prepared case. Contact our specialist solicitors at 0800 0130 1165 for personalised guidance tailored to your circumstances.
