Relocation after separation can bring up complicated decisions, especially when children are involved.
While moving might never have been part of the original plan, it’s not uncommon for one parent to consider relocating for a fresh start, better job prospects, or to be closer to family. But when children are at the centre of the move, how does that affect where they live, how they’re cared for, and how contact with both parents is maintained?
How does the court handle relocation requests during child arrangements disputes?
In any legal decision concerning children, their welfare is the paramount concern. When one parent wants to move to another area – whether within the UK or abroad – the court must consider whether the proposed move is in the best interests of the child.
While the court recognises the importance of both parents being involved in a child’s life, it also understands that practical circumstances can change. The aim is to ensure that any new living arrangement continues to meet the child’s physical, emotional, and developmental needs.
Can one parent move a child abroad without the other’s consent?
Yes, although the relocating parent must have permission from the court if the other parent does not consent.
If the other parent doesn’t agree to the move, the parent seeking to relocate abroad must apply for a Specific Issue Order through the Family Court. This legal step allows the court to consider the details of the move – including how it would affect the child and their relationship with both parents – before granting or refusing permission.
What happens if parents disagree on relocating with a child?
If parents can’t agree, the matter may need to go to court. The parent proposing the move must provide detailed evidence explaining why relocation is in the child’s best interests. Hearings may take place, and a CAFCASS officer might be appointed to assess the situation and make their own recommendations to the court.
When deciding, the court will consider a number of factors, including:
- The reasons for the relocation
- How the move might affect the child’s education
- The emotional impact on the child
- Whether ongoing contact with the other parent is realistic
- The child’s own views, depending on age and maturity
- The support available to the child in the new location
- The impact on the relocating parent’s wellbeing if the move is refused
Can relocation be blocked if it disrupts contact with the other parent?
Yes, the planned relocation can be blocked by the court. If the move makes it difficult or impossible to maintain adherence with the existing Child Arrangement Order, the relocating parent must apply to amend the order. Otherwise, they risk breaching the agreement.
If the other parent does not agree with the proposed changes, they can apply for a Prohibited Steps Order to prevent the move if they believe it would negatively impact their relationship with the child or go against the child’s best interests.
How quickly can a relocation dispute be resolved in family court?
There is no set timeframe for dispute resolution. The speed with which your case is heard and a decision made depends on the complexity of the case and whether both parties cooperate. If the relocation is contested, the process can take several months due to the need for thorough assessments and multiple hearings. In urgent situations, the court may issue temporary or interim orders to address short-term concerns.
Emergency protection orders
In rare and urgent cases, an Emergency Protection Order (EPO) may be sought. This is usually requested by the Local Authority if they believe the child is at immediate risk of serious harm. If granted, the EPO allows social services to remove the child from the family home and place him or her in a safe location or prevent them from being moved. An EPO is typically granted for a period of around one week but can be extended if required. It offers immediate but short-term protection while other solutions are considered.
If you’re facing a potential relocation dispute and fear that your child may be removed from the country without your consent, National Legal Service can help. Our experienced family solicitors can work with you to protect your own and your child’s best interests. From legal advice and representation to mediation with your co-parent, we can provide the legal expertise you need during this testing period. Get in touch with us to chat about your circumstances in confidence.
