Steven Wadehttps://familylawassistance.co.uk/our-founders/

Can I move away with my kids?

England & Wales

If you’re asking `Can I move away with my kids?’ you need to read this.

The law regarding relocating with your children in the England & Wales is fairly complex and will depend on a variety of factors, including the circumstances of the move, the reasons for the move, but predominantly what is in the child’s best interests.

If both parents have parental responsibility for the child, they both have a say in where the child lives. This means that if one parent wants to relocate with the child, they must obtain the consent of the other parent or obtain a court order allowing the move.  The best way to get their consent is to be on good terms and communicate openly and honestly – and let them be part of the process wherever possible, e.g. invite them to go and check out the schools in the proposed new area for themselves – seek their input and involve them.

There is always a strong possibility the other parent will not consent to the move. As the parent wishing to relocate, you may need to apply to the court for a specific issue order.  Before doing so, if communications between you and the other parent have failed or are not an option, you should attend mediation first (provided you or the circumstances do not qualify for an exemption). The court will consider a range of factors when deciding whether to grant the order, including the child’s welfare, the reasons for the move, and the impact of the move on the child’s relationship with the other parent and, depending on the age of the child, their ascertainable wishes and feelings about the move.

Outside of the “UK”

In terms of our legal jurisdiction (where courts have a say), Scotland and Northern Ireland may be part of the UK, but they are part of a separate legal jurisdiction.  Different laws apply there, so you cannot simply move to those countries – they are considered to be outside of the jurisdiction of England & Wales.

If one parent wishes to move their child permanently to another country, they must have the consent of the other parent or a court order allowing the move (provided both parents have parental responsibility).

As with relocating within England & Wales, the parent wishing to relocate must obtain the other parent’s consent to take the child out of the country for relocation purposes. If the other parent does not agree, the parent wishing to relocate will need to apply to the court for a specific issue order allowing the move.  Again, you should try discussing matters between you first – you must attempt mediation (unless you or the circumstances are exempt) before bringing the matter before the Courts.

The court will consider a range of factors when deciding whether to grant the order, as stated above.

If the other parent cannot be located or refuses to give consent, the parent wishing to relocate may need to apply for a court order permitting the move.

Tips for Relocation Applications

• Compare schools / nurseries – ensure that schools where you are looking to move to are of a suitable standard, and preferably a higher standard or at least equal to their current school. You may also want to look at Secondary school options in the area, if the children are not yet of this age.  Speak with Admissions teams to check if there is room for the children.
• Consider how the move with benefit your children. Look at any clubs or hobbies they can take up or transfer to there.  What amenities do they have?  Can you still cater to any religious commitments the children may already be practising?
• What is the situation in terms of family and friends on both sides? How will this improve?  If you are looking to move the children away from friends and family, how will you facilitate them seeing the familiar friends and family and remaining well connected?
• How will the children’s quality of life improve? Look at and compare crime rates, employment rates, hospital waiting times and medical establishments in general – is this a step up for the children?  The medical question is even more important if your children have any conditions or disabilities they need help with or medical attention for.  Look at GP practices and dental practices in the area, as well as more specialised units, where required.
• How will your children’s cultural needs be met?
• Have you considered childcare options?
• Will you have better support there or a better paid job that will in turn enable you to provide a better way of life for the children?
• How will contact with the other parent be facilitated? What travel is involved?  What does this look like in terms of who will be taking the children to the non-resident parent and how long the children will be required to travel?  How will the contact arrangements themselves look for the children to spend time with the other parent?
• Do you or the other parent have half siblings that the children need to remain connected with? How will this impact the children’s relationship with any non-resident siblings as well as the non-resident parent and their extended family?
• Can you agree this and lodge an Order you have already agreed? You can speak to someone like me at Family Law Assistance and / or use a Mediator to see if you can agree terms for an Order.  This will reduce conflict and be more cost-efficient too, potentially (depending how difficult the other parent intends to be!).

***It’s important to note that relocating a child within England & Wales or particularly to another country without the other parent’s consent or a court order can have serious legal consequences, including charges of child abduction. Therefore, it’s crucial to obtain legal advice before making any plans to move your child to another country. Wherever you are considering relocating with your child, it is essential to seek legal advice.  Family Law Assistance can help guide you through the legal process and provide you with tailored advice based on your individual circumstances.

Check out our blog How do I stop my ex moving away with the kids? for the alternative viewpoint!

About the author…

Steven Wadehttps://familylawassistance.co.uk/our-founders/

Steven Wade is the founder of Family Law Assistance, a team of McKenzie Friends supporting litigants in person through the family court system in England and Wales. With nearly two decades of experience in family law starting in 2006., Steven has guided hundreds of clients through proceedings involving child arrangements, parental alienation, financial disputes, and non-molestation orders as well as finance and divorce matters. He's run branches of Fathers Need Fathers in England and Wales (now Both Parents Matter), hosted workshops for separated parents, trained McKenzie Friends to assist litigants in the family and travels around the country to assist men and women in and out of court. Steven regularly produces content to demystify legal processes both in blog posts on this site and also on Tiktok and is known for his empathetic, practical advice. He has delivered training and support to parents and support workers dealing with the route through the family court.