Part 8: 'Children Act' Series - Internal Relocation
For a host of reasons, one parent may want to move to another part of England and Wales; taking a child with them. It maybe because you want to move back to your family, because of your job or perhaps a new relationship. This is known as Internal re-location.
Internal relocation of children within the UK is governed by the principles set out in the Children Act 1989. The key points to be considered are:
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Welfare Principle: The welfare of the child is the paramount consideration. This is outlined in Section 1(1) of the Children Act 1989
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Welfare Checklist: When determining the child's welfare, the court considers factors listed in the welfare checklist in Section 1(3) of the Children Act 1989. These factors include the child's wishes and feelings, physical and emotional needs, and the likely effect of any change in circumstances
Case Law: In 2015 the English Courts were asked to consider internal relocation in the matter of Re C (Internal Relocation) [2015] EWCA Civ 1305. This case established that the welfare principle applies equally to both internal and external relocations The Court of Appeal clarified that an application by a parent to move with their child to another part of the UK will be determined by the child's welfare and that there is no reason to distinguish between internal and external relocation cases. After reviewing previous internal relocation decisions, the court concluded that the main influence behind the exceptionality "test" was the child's welfare. The protection of the freedom of the adults to choose where they live within the UK was another significant influence, but the "exceptional cases" where that would be restricted were those where the child's welfare required it. (Please refer to the |Removal from Jurisdiction Article)
Here at Lawson West, we have a team of dedicated family solicitors who can assist you. Contact us for more information, or for a no obligation initial discussion about your circumstances.
If you believe you have a situation where you require legal advice, please contact us on telephone 0116 212 1000 or 01858 445 480, alternatively complete the free Contact Us form and we will get in touch as soon as possible.
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