Legal Eagle: The law on when one parent wishes to relocate with a child to another part of the UK

My ex-partner would like to move our child to a different part of the UK, and I do not agree with this. What can I do?

In Family Law, moving a significant distance with your child is called ‘relocation’.

Parents who have ‘parental responsibility’ (the legal status of parent) should always try and come to an agreement before relocating.

If you cannot agree where your child will live, an option to resolve matters is mediation. You will usually need to show that you have tried mediation before applying to court.

However, there are exceptions that would exempt you from attending a MIAM first (for example, domestic abuse).

An MIAM will give you an opportunity to tell a mediator about your situation, and the issues that need to be decided. The Mediator will tell you about the mediation process and other options for reaching agreements.

If you have tried Mediation but still cannot agree, you can apply to court for a ‘Prohibited Steps Order’. This order is issued by a court to prevent parents from making certain decisions about children without the express approval of the court. However, a court order should only be used as a last resort.

The court will make a decision that is in the best interests for the child and if your ex-partner can show that a relocation supports this, a Prohibited Steps Order may not be successful. When making their decision, the court will take into account the welfare checklist contained in s.1 Children Act 1989.

The court will expect consideration to have been given to the following:

The reasoning behind the move. For example, a new job or living conditions.

The financial situation. For example, if adequate housing will be secured and how the child will be financially supported.

Whether the child will have access to appropriate healthcare.

Education. Awareness is required surrounding the school that the child would attend, if there would be a place available, and the school’s reputation.

Contact. Realistic arrangements need to be considered for both parents to be able to spend time with the child.

However, we do understand that in a lot of cases, the circumstances are more complex.

If the above situation sounds similar to yours or you have another Family Law matter you would like advice on, please do not hesitate to contact us via email at [email protected] or via telephone on 0191 477 6333.