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Divorce and Children Law expert Internal relocation
There may be circumstances in a co-parenting arrangement when a parent wishes to relocate to a different part of the country, often referred to as internal relocation. Reasons for this include moving:
- closer to family;
- due to a new relationship; or
- as a result of a new job.
However, if the relocating parent wishes to move with their child, the other parent must consent. Often, the other parent disagrees as such a move will likely restrict their relationship with the child.
If the parents cannot agree, the relocating parent must apply to the court to decide what is in the child’s best interests.
Court application
The court’s approach to these applications has evolved and the judge determines an application for internal relocation by reference to the child’s welfare. Interestingly, courts do not distinguish between internal and external (overseas) relocation scenarios, and in both cases, considers:
- the practicalities of contact with the other (non-relocating) parent and
- exploring whether there is a way in which the move can be made to work.
The court only prevents a move if the child’s welfare requires it. The judge undertakes a balancing exercise using the welfare checklist (set out in Section 1 of the Children Act 1989).
Early legal advice is crucial if you are considering internal relocation with your child. That’s because a high level of preparation is key to achieving a successful outcome. Before applying to the court, a solicitor discusses your plans, ensuring they are well thought through. Consideration of the following areas is crucial:
- Motivation for the move, e.g. due to new employment, etc.;
- Proposed contact arrangements with the other parent and how the child’s relationship with the other parent will be promoted;
- Practicalities of facilitating contact with the other parent;
- Schooling;
- Housing;
- Effect on the child of any disruption in significant relationships such as wider family; and
- Impact of refusal on the parent wishing to relocate.
Internal relocation without consent
There may be situations where a parent becomes aware that the other parent is attempting internal relocation with their child without consent. In such cases, if there is a real risk of this happening, it’s necessary to make an urgent application to court to prevent such a move.
We have a team of highly experienced family law solicitors who can advise on complex children matters. If you are considering internal relocation with your child or are concerned about your ex-partner attempting to do so without your consent, call us as soon as possible on 01793 615011.
