The Law on Moving Away with a Child following Divorce or Separation
Following a divorce, you may be seeking a new beginning with your child in a different part of the UK or even another country. However, moving away with a child without satisfying the proper legal obligations could have severe consequences. In this blog, our Ealing-based family solicitors explain what you need to do in order to move elsewhere with your child.
If you are worried that your child may imminently be removed from the UK without your consent, you can contact the FCO’s child abduction support service. We would also advise reporting the matter to the police and to the passport office.
Do I need permission from my child’s other parent to move within the UK?
If you and your children currently reside in the UK and intend to move elsewhere within the UK, you technically do not need the other parent’s consent unless a Prohibited Steps Order has been issued which prevents this.
If a Prohibited Steps Order has been issued, you will need to speak to the other parent about varying the order to allow you to move. If the other parent does not agree, you may need to seek a court order which will allow you to move. The court may grant you consent to move away with your child as part of a Child Arrangements Order.
Regardless, it is still generally a better idea to seek the other parent’s consent, as it is greatly beneficial to maintain a civil relationship with your ex-partner following a divorce, dissolution or separation. Furthermore, asking your child to keep your move secret from the other parent will likely be stressful for them, and they may worry they won’t be able to see their other parent anymore.
Need family law advice? Our experienced solicitors are happy to provide you with a free initial phone consultation. For more information visit Family Law and Divorce.
Do I need permission from my child’s other parent to move abroad?
You will usually need permission from the other parent (and anyone else with parental responsibility for your child) in order to take them out of the country for an extended period of time, sometimes including for holidays abroad.
If the other parent does agree to let you move away with your child, you may need to make new arrangements with them to allow your child to spend time with their other parent.
What can I do if the other parent refuses to let me take our child abroad?
You will likely require Leave to Remove to be granted by the court in order to take your child abroad. Before the matter goes to court, you may be encouraged to seek mediation first. It is wise to try to reach agreement this way – mediation tends to be cheaper, faster, and less stressful for everyone involved. It is also a good idea to seek legal advice prior to mediation to ensure you understand your position before discussions begin.
Should mediation be unsuccessful, you will likely need to make an application for Leave to Remove to the court. The court take a case-by-case approach to matters of child relocation and will make a decision based on what best ensures the child’s wellbeing. A CAFCASS (Children and Family Court Advisory and Support Service) representative will usually attend court hearings and may spend time with your child to understand their concerns and wishes regarding the move.
It is wise to seek legal advice before the hearing; our family and divorce specialist solicitors can offer legal advice and help you prove that moving away is the best thing for your child.
What should I consider when making my application?
There will be questions you will likely need to be able to answer when your application is being considered by the court. Some of these questions could be:
- Why do you want to move?
- Where are you going to live? Can you provide a safe home?
- Where is your child going to go to school? Is there a good standard of education?
- Do you and your child have a good support network in place? Do you have family or friends who live in the area?
- How are you going to financially support yourself and your child after you move?
- Does the place you are moving to have a good standard of healthcare?
- How will your child maintain their relationship with their other parent if they move abroad? This will include direct contact with them in their new home (either abroad or elsewhere in the UK) and also indirect contact via video call or messaging.
- Is now the best time to move abroad for them? Will moving now disrupt their education?
What happens if I move abroad with my child without consent from the other parent or the court?
Moving away with a child without the consent of their other parent (or a court order) would be considered child abduction. It is a criminal offence under the Child Abduction Act 1984 for someone connected with a child under the age of 16 to take or send that child out of the UK without the appropriate consent. At the very least, having to attempted to remove your child unlawfully will have a severe detriment on future applications you make to take your child abroad, even on holiday. You could even face imprisonment.
What can I do if the other parent wants to move away with my child?
We can assist you with obtaining a prohibited steps order which will prevent the other parent from being able to relocate with your child. Likewise, you may need to prove that remaining where they are currently will be of the most benefit to the child – we can advise on this.
How Starck Uberoi Solicitors Can Help
Whether you’re planning on moving away with your child or want them to stay where they are, our specialist team of family and divorce lawyers can help. Our family department have Law Society Accreditation and extensive experience in sensitive handling family matters. We will take the time to listen to your concerns and offer in-depth, reliable legal advice.
To book an appointment with one of our family law solicitors, please call 020 8840 6640 or email solicitor@starckuberoi.co.uk. Our offices are located in Brentford, Ealing, London Belgravia and Canterbury, all within easy access by public transport. Our partner, Raminder Singh Uberoi, can also provide a Notary Public service at any of our offices.
