Can I relocate within the UK and take my children?
Of course it may be possible to relocate in the UK with the children, however, if you share parental responsibility with another parent and the move will impact on the arrangements the children currently have with their parents then you should seek the consent of the other parent.
If there is already a Child Arrangements Order in force you will need to apply to the Court to vary the arrangements if the move will make current arrangements impossible.
Can I still move if the other parent says no?
There are many problems that could arise if you attempt to move without the other parent’s agreement.
If you attempt to move without the agreement of another parent they could apply for an order to prevent you from doing so (Prohibited Steps Order).
They could apply for a return of the child to them pending a final decision (Specific Issue Order)
If you have moved without agreement, then other parent could not return the child back to you following the contact they have with them, they may then apply for an order to prevent you from removing the child from their care pending a final decision by the Court (Prohibited Steps Order).
What to do if the other side say no?
Apply to the Court for a Specific Issue Order allowing you to relocate with the child, alongside a Child Arrangements Order to determine the arrangements that will be in place following the relocation.
Can the Court refuse a move?
Yes, if it is not considered to be in the child’s best interest then a move could be refused by the Court.
How long will it take?
If an application to the Court is required it is likely to take a minimum of 6 months, but due to court delays this could be much longer.
What if the other side agree?
Get the agreement recorded in writing through a solicitor. If you are concerned the other side could change their mind later down the line, instruct a solicitor to draft a Consent Order to submit to the Court. The Court can make a consent order for child arrangements without the parties being required to attend at mediation.
The agreement/order, can do more than detail the move, it can record the arrangements for the children once they have moved, including the time they will spend with each party. This may provide reassurance to the other parent enabling an agreement to be reached.
Sarah Townsend, Family Law Solicitor
Lawson-West Solicitors, Leicester
If you would like to speak to a member of our Family Law team about your options and responsibilities for children during relocation within the UK, please Contact Us.
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