Deciding to relocate with your child requires careful thought and preparation. Parents need to understand both the legal requirements and practical aspects to be considered. Below are a few of the top tips to think about if you are planning to relocate with your child. Life circumstances may change, but regardless of the reason for relocating, the proposed move must always be in the best interests of the child.
- Plan with your child’s best interests at heart
Planning ahead is key. Create a comprehensive plan for all aspects, including living arrangements, identifying a suitable school or nursery, and checking availability with a local doctor and dental surgery. Consider how you will facilitate visits, holidays, and regular contact to ensure that the child’s relationship with the other parent and family who are left behind is impacted as little as possible.
If there is a dispute, this plan will help demonstrate to the court that the move is well thought out and focused on your child's needs and wellbeing.
- Seek consent
In Scotland, the parent wanting to relocate their child must obtain consent from all who have parental responsibilities and rights, which will usually be the other parent. Careful planning from the outset can help facilitate discussions and increase the chance of reaching an agreement on the proposed move.
It is important to understand that obtaining consent is a legal requirement both for relocating and for taking your child out of the UK on holiday. If your ex-partner opposes the move, an application can be made to the court for permission to relocate. There can be serious consequences if you move your child without consent. Court orders may be put in place for the return of the child and preventing any future removal. This could also negatively impact any court application to relocate.
- What does the court consider?
When permission is needed, the court focuses on what is best for the child. In making its decision, the court will consider various factors, including:
- Why the move is proposed, i.e. new employment or family support.
- The reasonableness of the proposed move.
- The child’s relationship with the other parent and family members who remain behind, assessing how the proposed move might affect these relationships.
- How moving may impact the child's day-to-day life, e.g. school and friends.
- The child’s views on the proposed move, giving greater weight to the opinions of older children of greater maturity. The child’s views are important in assessing what is in their best interests.
- Benefits the child can gain from the move, including family ties within the new location.
- The effect the move will have on the overall welfare of the child.
- The effect of refusal of the move on the child.
- The effect of refusal on the parent applying to move.
- Whether it is better for the child to make the order than no order
If you are applying to the Court for permission, you should be prepared to provide full information on the above.
4. Consider mediation and alternatives to court
Relocation disputes are often emotional and difficult to navigate. Mediation and other dispute resolution models can assist parents in reaching an agreement. These approaches can be less contentious, cheaper, and better for co-parenting relationships than court battles.
Getting advice from a family law expert at an early stage can help parents understand their rights and the process. This advice can make things clearer and less stressful for everyone involved.
