Considerations for a successful application to relocate with children both internationally and internally within England & Wales
For separated parents, the possibility of relocating with children is fraught with complexity and requires careful consideration and specialist family law advice at the earliest possible stage to give yourself the best chance of success.
A change of location, and change to contact with the non-moving parent, will have a substantial impact upon any child of the family and it is therefore important that parents wishing to relocate take proactive steps to ensure that they are well prepared should a court application be necessary.
What is the first step to a successful relocation?
Seeking permission of the other parent / keeping the other parent informed
If you are considering relocating either internationally or internally, the first thing that you must establish is who has parental responsibility for the child/children who will be moving. A person who holds parental responsibility will have the legal right to make decisions affecting the child, including the location where the child will live and where they will attend school. However, such decisions must be made in collaboration with every person who holds parental responsibility. If you cannot reach an agreement as to where the child should live or attend school, the court can be invited to make decisions in the best interests of the child.
Internal relocation
If you wish to relocate within England and Wales, technically, you can do so without the permission of the other person(s) who holds parental responsibility so long as it doesn’t result in major disruption to education or contact. However, if the other parent objects to your relocation they can invite the court to make orders that would prevent you from moving or an order requiring you to return the child.
You should take advice from a family solicitor before making such a move to ensure you would not be criticised or ordered to return by the Family Court if the other person sought to bring the child/children back. If you take steps to relocate in the knowledge that the other parent opposed the relocation, or if you failed to keep the other parent informed and made the decision to relocate unilaterally, this is likely to weaken your position if you later seek the court’s permission to relocate, particularly if child arrangements would be impacted by the move.
International relocation
In respect of international relocation, it is important to note that if there is no Child Arrangements Order (CAO) in place a parent is required to obtain the permission of every person who holds parental responsibility to travel internationally even for a short period. If such consent is not obtained, this could be child abduction which is a criminal offence. The Family Courts of England and Wales have the power to order that you return from the country that you have travelled to.
If there is a CAO determining that a child “lives with” one or both parents, that parent will be permitted to travel outside of the jurisdiction with a child for up to 28 days provided that this does not interrupt the other parent’s time with the child — see Travelling abroad with children.
If a parent intends to relocate internationally they would, therefore, either require the other parent’s permission or permission of the court to relocate.
Considerations when preparing an application seeking permission to relocate
When you make an application to court you will be asked to prepare a full witness statement addressing the factors set out below. The purpose of this statement is to show the reasons for your relocation, the benefit to the children and how their relationship with the other parent will be continued. This is by no means an exhaustive list and it is important to provide a fully researched proposal for relocation, to be accompanied by as much evidence as possible, to enable the court to reach a decision.
Background
The child’s age, sex, background and any characteristics which could be relevant such as sibling relationships, extended family and friends etc. Details of the parents’ relationship, separation and childcare arrangements following separation
Reasons
A written explanation of the reasons for the proposed relocation and the motivation for the move. If the court considers that the parent’s motivation to relocate is to limit the relationship with the other parent, this is likely to be detrimental to any application
Housing / community
A detailed description of the proposed housing / community arrangements including:
- where the child will live in comparison to current living arrangements, such as the size of the house / garden / facilities in the community. It may be beneficial to provide particulars of the properties that you are considering moving to
- the cost of relocation and details of how the costs, such as the purchase of a new property, will be funded
- consideration of extra-curricular activities
- if relevant, any cultural changes or language barriers that the child may need to overcome.
Education
A detailed description of the school should be provided with an explanation as to why the school was selected. Provide as much information as possible including:
- term dates
- Ofsted reports / academic performance
- details of any applicable fees and address how the cost would be funded
- photographs
- confirmation as to whether you have visited the school with the child
- copies of any correspondence with the proposed schools
- confirmation as to whether a school place has been secured.
Healthcare
A detailed description of how the child’s healthcare needs would be met including:
- GP
- dentist
- opticians
- whether private medical insurance would be required and how this would be funded
- if the child has any specific health needs, address how they would be met following relocation in comparison with current arrangements. Provide details of specialists who would meet the needs of the child in the proposed location.
Income / finances
If the relocation would result in a change to the parent’s employment, give details about income / benefits and the cost of living in the proposed location addressing how this would be beneficial to the child.
Family / support network
Provide details of extended family, friends, support networks and any new partners, both in the current location and the area that you propose to relocate to. Provide details as to how the child could maintain a relationship with any extended family and friends.
Contact with the other parent
Address contact with the other parent following relocation and give detailed proposals for contact, confirming how long travel will take and the cost of such travel. It may also benefit to offer to meet the increased cost of travel. If international travel would be required to facilitate contact, explain how this could be addressed, such as any requirement for a child to fly alone and restrictions that may be in place.
Outline why a relocation would be in the best interests of the child
By comparing how any such benefits would outweigh the impact that any reduction in contact with the other parent would have upon the child.
How does the court decide whether to grant “leave to remove” or “permission to relocate”
The court will assess the strength of the application taking into consideration a number of factors.
- the welfare of the child is the court’s paramount consideration and the court will also have particular regard to the following factors contained in Section 1 Children Act 1989. These include:
- the child’s ascertainable wishes and feelings in light of their age and understanding
- the child’s physical, emotional and educational needs
- the likely effect on the child of any change in circumstances
- the child’s age, sex, background and any other characters that the court considers relevant
- any harm that the child is at risk of suffering
- how capable the parent is of meeting the child’s needs
- the range of powers available to the court.
- the court should reach its decision by undertaking a global, holistic evaluation of the options. This requires the court to:
- conduct a welfare analysis of each realistic option for the welfare of the child on its own merits and in the context of what the child has to say
- conduct a comparative evaluation of each party’s plans; and
- if appropriate, scrutinise and evaluate each parent’s plan ‘by reference to the proportionality of the same’.
- the court will consider each child’s individual needs, which could lead to a determination that siblings should be separated if the proposed relocation is in the best interests of one child, but not the other.
What if the children will stay in England and Wales and only one parent relocates?
Even in circumstances where a parent is relocating and agrees that the children will remain with their former partner in the UK, the relocating parent may want to ensure that the other parent will allow the children to travel to their new home and set up those arrangements before committing to any relocation.
As with all decisions effecting children, permission to relocate will only be granted or refused if it is deemed to be in the best interests of the children.
Expert advice from a family law solicitor should be sought at an early stage of planning.
For more detail about popular destinations, see our advice relating to:
If you need further guidance or support on child relocation, contact our child law solicitors.
