Can I Move Away with my Child?
- 3 days ago
- 6 min read
Moving away with a child can be a life-changing decision for any parent. It's not just about the choice of location; it also involves navigating a web of legal implications and ensuring the best interests of your child.
In this article, we will explore common reasons parents choose to relocate, the relevant laws regarding child relocation, and provide practical advice for navigating this often complex terrain.
If you are a parent currently going through family court, it is highly recommended that you join PAPA Plus and make use of our courses and other resources, including PAPA AI.
If you require direct assistance with your case, you can also book a call with PAPA here.
Why Do Parents Move Away?
Parents may have numerous reasons for relocating. Here are some key motivations:
Career Opportunities: Finding a job that significantly improves your financial situation can influence a move. For instance, relocating to London from a smaller town may offer salaries that are 20% higher due to the cost of living and demand for skilled professionals.
Family Support: Many parents move to be nearer to family members who can assist with childcare. Research shows that nearly 50% of families cite support from relatives as a crucial factor in their relocation decisions.
Change of Environment: Some parents seek a more peaceful life, perhaps moving from a city to a rural area, to enhance quality of life for both themselves and their children.
Educational Opportunities: Moving to a region with better schools can be a priority for parents. A study found that children in high-quality educational settings are 30% more likely to achieve better academic outcomes.
Relationship Changes: After a separation or divorce, a parent may decide to move to start fresh. This step can also reflect changes in personal situations, such as finding new relationships or housing.
What Does the Law Say If I Move Away With My Child?
The law, particularly under the Children Act 1989, sets out clear guidelines about child relocation. Here are the critical points:
Parental Responsibility: If both parents share parental responsibility, one parent usually cannot unilaterally decide to move with the child without the other parent's consent.
Seeking Consent: Always approach the other parent for permission before any planned move. If they agree, ensure you document this consent in writing.
Court Orders: If the other parent disagrees with your relocation plans, you may need to apply to the family court for a resolution. The court considers what's in the child's best interest, taking into account factors like the child’s emotional needs and their stability.
What is `Habitual Residence’?
In family law, the term `habitual residence’ refers to where a child regularly lives and has stability. The implications include:
Jurisdictional Matters: Habitual residence impacts which country's laws apply to custody and relocation matters. For example, if a child has lived in England for over a year, England and Wales law governs their custody.
Court Considerations: Courts will evaluate how settled a child feels in their current location, including how long they have lived there and their connections to the local community, which can influence relocation decisions.
What If I Need to Move But My Ex Doesn’t Want That to Happen?
Disagreements about moving can create tension. Here are ways to handle such situations:
Open Communication: Initiate a respectful dialogue with your ex-partner about your reasons for moving. Be specific about how the move would benefit your child.
Negotiation: Consider negotiating compromises, such as adjusting visitations or agreeing on how often your child will spend time with each parent.
Consider Alternatives: It's very rare that moving a child away from one of their parents is in their best interest so consider finding alternative arrangements or even suggesting the other parent has custody if you feel you must move, as a lesser of two evils.
Legal Action: If discussions don’t work out, consulting someone experienced, such as a PAPA team member, might be necessary. You may need to apply to the court for permission to relocate, usually in cases where there are legitimate safeguarding concerns.
How Do I Move Away with My Child When My Ex-Partner Doesn’t Agree?
If you find it crucial to move despite your ex-partner’s refusal, take the following steps:
Court Application: If consent is not forthcoming, you will need to apply to the family court, making a case for how your move aligns with your child’s best interests. Bear in mind it would have to be an extremely compelling reason to move a child away from their parent.
Support Evidence: Collect evidence such as job offers or proof of suitable educational opportunities and childcare arrangements in the new location to strengthen your case. This evidence would have to outweigh the importance of the love and care of the child's other parent.
What If I Just Move Away Anyway?
Relocating without proper consent is risky. Consider the following:
Legal Risks: Moving without permission can lead to legal actions taken by your ex-partner. This could result in court proceedings where you will need to justify your decision.
Enforcement of Orders: Courts view unauthorised moves negatively. This could lead to limitations on your future moves or affect custody arrangements.
Negotiation with Good Faith: If you're concerned your ex-partner may take adverse action, maintain open lines of communication. Resolving disputes amicably is often preferable.
What Do You Do If Your Ex Is Planning to or Does Move Away with Your Child?
If your ex-partner intends to move away with your child, consider these actions:
Seek Guidance: Contact PAPA promptly to understand your rights, especially regarding custody and visitation. Book a call with us here.
Communicate: If possible, discuss your concerns with your ex-partner. This may offer a pathway to reach mutual understanding.
Court Involvement: If your ex-partner relocates without your consent and you believe it's not in the child's best interests, you can apply to the court to challenge the move. You may need to seek a prohibited steps order.
Navigating the Challenges of Relocation
Moving away with a child involves many legal complexities that require thoughtful consideration.
Understanding the law regarding parental relocation is essential for successfully navigating these challenges.
Whether you are planning to move or facing a situation where your ex-partner intends to relocate, prioritise communication and seek advice to safeguard your child's best interests.
As you navigate this process, keep in mind that the law aims to protect the welfare of children.
Staying informed and prepared can make a significant difference in your journey.
In need of help or support?
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