Legal Guidance for Moving with Children
Relocating with a child after separation or divorce can be a complex legal matter in the UK. Whether you’re planning to move within the country or abroad, it’s essential to understand the legal requirements and obtain the necessary permissions to ensure the move is lawful and in the child’s best interests.
Child relocation refers to the process of moving a child to a new location, either within the UK or internationally, which may affect the child’s relationship with the other parent. Such moves can have significant implications on existing child arrangements and parental responsibilities.
Relocation Within the UK
Consent: While there’s no automatic legal requirement to obtain consent for moving within the UK, it’s advisable to seek agreement from the other parent, especially if the move significantly impacts the child’s contact with them.
Court Permission: If the other parent objects to the move, you may need to apply for a Specific Issue Order to obtain the court’s permission for relocation.
International Relocation
Consent: Moving a child abroad requires the written consent of all individuals with parental responsibility.
Court Permission: In the absence of consent, you must apply for a Specific Issue Order to gain the court’s approval for the international move.
Unauthorised relocation can be considered child abduction under UK law, leading to serious legal consequences.
When assessing relocation applications, UK courts prioritise the child’s welfare. Factors considered include:
- The child’s wishes and feelings, considering their age and understanding.
The impact of the move on the child’s relationship with both parents.
The reasons for the proposed relocation.
The practicality of maintaining contact with the non-moving parent.
Educational and emotional implications for the child.
Each case is evaluated on its individual merits, with the child’s best interests as the paramount concern.
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While there’s no automatic legal requirement, it’s advisable to seek the other parent’s agreement, especially if the move affects the child’s contact with them. If there’s a dispute, you may need to apply for a Specific Issue Order.
If the other parent disagrees with the move, they can apply for a Prohibited Steps Order to prevent the relocation. In such cases, the court will decide based on the child’s best interests.
The timeframe varies, but relocation cases can take several months to resolve. It’s essential to plan ahead and seek legal advice early in the process.
The court evaluates various factors, including the child’s welfare, the reasons for the move, the impact on the child’s relationship with both parents, and the practicality of maintaining contact.
No. International relocation requires the written consent of all individuals with parental responsibility or the court’s permission through a Specific Issue Order.
At Waely Law, we make the legal process clear, efficient, and stress-free. Here’s what you can expect when you reach out to us:
