Relocation after divorce: Can you move with your child?

Relocating with your child is not a straightforward process, and there are procedures you must follow. Supporting children through a divorce is essential to ensure they are able to understand why their routine is changing, and deciding to relocate can additional layers to the divorce process, potentially impacting your children.

This article explores relocating after divorce, both domestically and internationally, and the legal considerations surrounding moving away from your old home, as well as outlining the steps you should take to obtain the necessary court approval and steps on how to navigate co-parenting and shared care.

What does relocation after divorce involve?

Understandably, you may be considering the idea of rebuilding your life post-divorce to help you move on from the breakdown of your relationship. To do this, you may consider moving away from your current city to a new location in the UK or further afield to another country.

A parent is not permitted to permanently remove a child from the United Kingdom unless they have consent from the other parent with parental responsibility to do so, or if the family court has provided permission.

There are several reasons why one parent may decide to relocate with their child, including:

• A better support network or lifestyle in a different area.
• Lower costs of living which would be more financially appropriate for one parent.
• Closer to family, whether that is in the UK or abroad.
• Moving for work, if one parent has been offered a job elsewhere in the UK or abroad.
• New relationships, if one parent is considering remarrying after divorce with someone who lives elsewhere in the UK or abroad.

Legal considerations of relocating with children

As well as potentially handling emotional burnout during a divorce, you may be looking after your children who are also experiencing a range of emotions as a result of their family life changing. Understanding the effects of divorce on children and how to help them cope is crucial to support them as you move forward, especially if you are considering relocating to another city or another country.

Relocating with your child is not a decision that can be made or agreed on lightly. Relocating without permission in some circumstances  could be considered child abduction, which could lead to severe legal repercussions. Our team of child law solicitors can support you with internal and international child relocation, child abduction and preventative measures to stop a child from being taken abroad.

If you are thinking of relocating with your child after divorce, you should begin planning well in advance, preferably (if possible) 12-18 months before the proposed move. It should be a thoroughly planned and considered move. The plan must consider all aspects of the relocation, including housing and transport links, schooling, childcare, job opportunities, standard of living, and importantly how your child will spend time with their other parent.

You must obtain consent from the other parent with parental responsibility of your child and if that is not forthcoming, you can make an application to the family court to determine the issue.

Relocating domestically

Whilst it is important to ensure you have carefully planned to relocate with your child after divorce, there is no automatic restriction on moving within the UK. However, this does not mean it is acceptable to move with your child without seeking consent. To do so is likely to cause the other parent to consider family law applications to prevent the move or determine the issue.  Additionally, if you child is of school age, and the other parent shares parental responsibility, you are not permitted to change your child’s school without the consent of all those with parental responsibility or a court order.

Certain circumstances, like if there is a Child Arrangements Order in place or if the other parent objects, may result in court involvement. The other parent could apply to vary the child arrangements or prohibit the move. The other parent may ask the court to determine the specific issue.

Relocating internationally

Moving to a new location outside of the UK requires detailed planning and consent from the other parent is essential. Relocating abroad without this consent would amount to child abduction, which can result in court proceedings in both England and the country your child is in, to ensure their safe return. It could in some circumstances result in criminal proceedings, impact future applications to move abroad and even cause problems with future holidays overseas.

Parenting through divorce or separation can be difficult, so it is important that both parents can come to an agreement about arrangements for their children. Should one parent become aware that the other parent plans to move abroad with your children, they can apply to the court to for emergency measures to halt or block the move in the form of a prohibited steps order.

It is likely that the court will want to detail how your children will spend time with the parent who is remaining in their home location, so you should ensure that you have this in mind.

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Obtaining court approval to relocate with children

When considering any application relating to children, the courts paramount consideration is the welfare of the children. When considering whether to make an order relating to children, the court will presume unless the contrary is shown, that the involvement of each parent in the child’s life will further the child’s welfare. A parent will be treated as benefitting form that presumption unless there is evidence before the court to suggest that the involvement of the parent in the child’s life would put the child at risk of suffering harm.

There is no differentiation in the approach to be taken (by the court when determining the issue) as between internal and external relocation cases. The only principle to be applied is the paramount welfare of the child. There are however a number of factors which stem from leading case law in this area to consider and take account of when striving to determine what is in the best interest of the children.

• The welfare of the children is always paramount.
• There is no presumption in favour of the applicant parent pursuant to s13(1)(b) of the children act 1989 (where a child arrangements order is in force no person may remove him from the UK without either the written consent of all those with parental responsibility or the leave of the court).
• The reasonable proposals of the parent with a residence order (child arrangements order live with) wishing to live abroad carry great weight.
• The proposals have to be scrutinised with care and the court needs to be satisfied that there is a genuine motivation for the move and not the intention to bring contact between the child and the other parent to an end.
• The effect upon the applicant parent and the new family of the child of a refusal of leave is very important.
• The effect upon the child of the denial of contact with the other parent and in some cases his family is very important.
• The opportunity for continuing contact between the child and the parent left behind may be very significant.
• The courts task is to holistically evaluate all of the realistic options.
• It is necessary to consider both parents proposals on their own merits and by reference to what the children have to say, but it is also necessary to consider the options side by side in a comparative evaluation.
• Each parent has a right to family life, and where those interests conflict, the children’s interests will take priority.

You must consult specialist legal advice to guide and support you through this process. At Ward Hadaway, we have a team of specialist divorce solicitors to support you as you navigate the divorce process, and our child law solicitors can assist you as you plan and prepare your application for relocation.

Navigating co-parenting after relocation

Creating a parenting agreement is crucial to maintain routine for your children after any divorce, but even more so if you are relocating. This parenting plan should consider relocation and how both parents will approach this to ensure a smooth transition for your children.

Some ways you can navigate co-parenting effectively after relocating include:

• Maintaining open and consistent communication.
• Focusing on stability for your children.
• Fostering positive relationships with both parents, even if your children spend more time with one than the other.
• Using technology for virtual parenting time.
• Being flexible and willing to adjust.
• Prioritising the mental health and emotional wellbeing of your children.
• Creating a schedule for visits that works for everyone involved.

Relocating after a divorce, particularly after high-conflict divorces, can be complex and difficult, but with the support of specialist divorce solicitors, you can move through the process with confidence that the outcome will be the most appropriate for you, your children and your family.

Ward Hadaway can support you with relocating after divorce

At Ward Hadaway, we understand that going through a divorce is extremely difficult and life changing. Our experienced divorce solicitors have extensive experience in supporting families through the divorce process, and our child law solicitors can support with relocating domestically or internationally with a child.

We want to help you proceed with an amicable divorce, so it is important to seek legal advice as soon as possible. We are here to help and ensure you feel thoroughly supported with these complex matters at this difficult time.

Contact us for a confidential chat today.