Relocation, Relocation, Relocation

We live in an age where mobility is commonplace, people move for a variety of reasons both in the UK and abroad.  Children often find themselves moving with the parent with care perhaps following divorce or separation, or perhaps to return to their country of origin, or even a temporary move abroad if one parent needs to work overseas.  Whatever the reason, if a parent with care wishes to relocate abroad (whether temporary or permanent) with a child of the family the relocating parent will need the agreement of the other parent with parental responsibility or alternatively obtain permission of the court, known as a “Leave to Remove application”.  Failing to obtain the appropriate approval may constitute a criminal offence.

Where a parent with care wishes to move abroad permanently a court will need to be fully satisfied that the relocating parent’s plans are in the child’s best interests, the relocating parent should ensure that they have looked into all aspects of the child’s life, made provision for healthcare, living arrangements and education.  The court will also want to know that child arrangements have been considered for the non-resident parent.  Specifically how will the cost of travel be funded and by whom.  Courts also often want to see that arrangements can be made into mirrored orders in the destination country.  This is to ensure that any order made by the courts here can equally be enforced in the destination country.  Usually this involves registering a UK order upon arrival.  Courts will require evidence that a well thought out plan is in place.  It is advisable to seek specialist legal advice before embarking on any court application or indeed seeking consent from the other parent with parental responsibility to ensure the case is properly prepared.  The key issue is to ensure that any relocation is in the best interests of the child concerned and that is demonstrated.  If you are the parent without care then urgent steps can be taken to ensure that no relocation takes place until proper investigation has been completed.  This is known as a Prohibited Steps Order.

If children are removed illegally from the jurisdiction, i.e. without the consent of either the court or a parent with parental responsibility, in some cases the Hague Convention can be invoked.  The Hague Convention covers most of Europe, North America and a number of other countries around the world.  The aim of the Hague Convention is that signatory countries will return children to England and Wales for the courts here to determine what is in the child’s best interests going forward.  With Brexit we could see a growth in Leave to Remove cases as parents with care decide to relocate abroad for work or return to their country of origin.

Relocation within England and Wales is also more commonplace, particularly following divorce or separation.  A parent with care will often wish to return to an area where their family resides often for support but also for financial reasons.  Again any person with parental responsibility will need to give consent to the proposed relocation or obtain permission of the court is required.  The test applied is again what is in the best interests of the child. Proper investigation by the court will need to be undertaken.  Like relocation abroad, the non-resident parent can make emergency applications to court to prevent relocation before it occurs to prevent a move before it has been investigated.