Can I move my child within England and Wales without consent?
If you have Parental Responsibility, you do not need permission from the Court or consent from the other parent to move a short distance away with your child.
That being said, the Court encourages parents to involve each other in such decisions.
However, if the move will necessitate either a change of school for your child or is likely to require amendment to any existing arrangements for your child to spend time with the other parent, if Court ordered, then in the absence of an agreement with the other parent, it would be necessary to make an application to Court.
Even if the move were to mean any existing child arrangements that are not Court ordered would need to be varied, it would be advisable to seek the consent of the other parent prior to making the move. Failure to do so may result in the other parent making an application to Court.
For relocations further away, providing there is no Child Arrangements Order in place and the other parent does not object, then no application to Court for permission to relocate is required.
What do I do if the other parent will not consent to me relocating with my child?
In the first instance, it would be sensible to try to resolve the issue between yourselves. You could do this either directly, or through a process such as mediation.
If you are still unable to agree with one another, then you could apply to Court for a Specific Issue Order to allow this. This is something that we at Johnson Astills could assist you with.
It is worth noting the other parent may apply for a Prohibited Steps Order, in a situation such as this, to stop you from being able to move.
What will the Court take into consideration when deciding whether I can relocate?
The Court will consider the “Welfare Checklist”, as set out in the Children Act 1989.
As per the checklist, the Court will consider things such as the child’s wishes and feelings, the child’s needs and the likely effects of such change.
The Court will also expect you to set out a thorough plan detailing how your child will maintain a relationship with the other parent.
What if there is a Child Arrangements Order in place?
If the Order states that the child lives with you, then you can legally relocate without consent, but only as long as any contact terms set out within the Order for your child to spend time with the other parent are not breached.
If there is an Order in place stating that your child lives with both parents, then moving your child without agreement, will breach the Order.
The simple answer is: if the existing Order order cannot be complied with because of the relocation, you either need your ex-partner’s written agreement to the move and the altered contact arrangements, or you would need to apply to vary the Order to make contact feasible.
If you would like some advice regarding relocation, please get in touch with the Family Team today – we would be more than happy to discuss your matter further. You can call us at our Leicester office on 0116 255 4855 or our office in Loughborough on 01509 610 312. Alternatively, feel free to email us at legal@johnsonastills.com, or fill in our enquiry form.
