Legal Advice for Relocating with a Child.

Not unilaterally. Many people assume, if their child lives with them for the majority of their time, they should be entitled to choose where they live, including relocating within or outside the UK. This is not the case. The law relating to child relocation is based on the best interests of the child and assumes, in the absence of contrary evidence, it is in the best interests of the child to have regular contact with both parents.

As such, if you want to move overseas with your child, in most cases you will need the permission of your former partner before you relocate. Depending on the circumstances, you might also need their consent to move within the UK.

If you are considering making a move with your child, or believe that your former partner is thinking about relocating you should contact us immediately to discuss your options.

No, you don’t even need a formal agreement if both parents agree to the relocation. However, it is always advisable to record your agreement in writing in case circumstances change in the future. For this reason, some people choose to have their agreement formally approved by a court to make it legally binding.

If it is impossible to come to an amicable agreement with your former partner, there are alternatives to going to court. Often, people can reach an agreement with the help of a mediator. We are experts in organising and supporting our clients through mediation processes. An impartial third party can be invaluable in these negotiations.

Not only can attempting to reach an agreement yourselves, either together or through mediation, save you time and money, the court may expect you to have gone through this process before starting formal legal proceedings.

If you cannot come to an agreement about the living arrangements for your child, we will lead the way through the court process. The court has the power to decide whether a child can be relocated (whether within the UK or overseas) and how frequently the child should have contact with the other parent.

The wellbeing of the child is the main priority of the court, which will usually presume it is better for the child to have regular contact with both parents, as well as members of the child’s wider family.

The court must consider the following:

• The age, sex, and background of the child
• The needs of the child (in particular their physical, emotional, and educational needs)
• Whether each parent can meet those needs
• Whether changing the child’s arrangement will affect the child
• Any risk of harm to the child
• The wishes and emotions of the child

The wishes and emotions of the child, while important, may not be the deciding factor in the court’s judgment.

Relocating overseas with a child without the consent of the other parent, or the permission of the court, can be considered child abduction. If your former partner has taken your child overseas without your consent, is refusing to return from an overseas trip, or you are worried that they might, contact us immediately.

We can advise on the potential impact of these proceedings on your child. Our friendly and compassionate team can connect you to specialist services such as counsellors, therapists and the National Youth Advocacy Service. We also have a great deal of experience working with the Children and Family Court Advisory and Support Service (CAFCASS).

CAFCASS assists the court and can investigate the child’s circumstances ahead of court proceedings. This can involve speaking to the child, outside the stressful court environment, to determine their wishes, as well as contacting other significant people in the child’s life.

At all times, the main concern of the court will be the welfare of the child. We will support you in ensuring that your child gets the support they need.

It may well do.

Getting clear and practical legal advice as early as possible is vital in cases like this, even if you do not plan to contest the relocation itself. It is important to fully understand the consequences of the move. Our expert team will quickly determine your most appropriate course of action.

No. Your rights as a parent are the same in most cases, as if you were married.

The law is more complex in relation to same sex couples. Arrangements for children can depend on how the child was conceived or joined the family.