I’m divorced, can I relocate with my children?

When a relationship breaks down, many couples can agree on where their children will live. For others, this can be one of the most difficult and upsetting issues, particularly if one parent wishes to move away to a different part of the country or abroad and take the children with them.

These cases often arise when a parent wishes to return home to another part of the UK or their native country where they have family support. It may also involve a new work promotion or employment opportunity elsewhere which would provide a better quality of life or more opportunities for the children or perhaps a new relationship and a fresh start.

These cases are highly sensitive and complex to resolve as there is no “halfway house”. In practical terms, it can be very difficult for the parent left behind to maintain any meaningful contact with the children. They will be concerned about how this affects their future relationship, and it can also create unintended and additional pressures because of having to travel long distances.

Many parents assume if their children live with them for the majority of the time they are automatically entitled to choose where they live with the children. This is not the case. The law relating to child relocation is based on the best interests of the child, which often means having 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 the other parent. This might also apply to a move within the UK if it involves changing your child’s school or any existing care arrangements.

If parents cannot agree on what is best for their children, an application can be made to the court for permission to relocate. This is known as a Specific Issue Order. The court must then perform a holistic balancing act and look at the reasons why someone wants to relocate, the children’s wishes and feelings, the practical arrangements relating to the children’s proposed living arrangements and schooling and how contact will continue with the other parent. This might include a timetable for indirect contact such as weekly video calls and regular text updates. If the proposed relocation is abroad, there are additional issues which may arise such as the enforcement of contact arrangements. Each case is different, and it is therefore important to obtain expert legal advice at the earliest opportunity should you be faced with such an issue.

Silk Family Law associate Matthew Miles specialises in all aspects of family law. Contact him on 07593 583785 or [email protected]