Relocation Outside Of The UK With Children

• Law Firm: Birketts
• Subject Matter: Litigation, Mediation & Arbitration, Immigration, Family and Matrimonial, Family Law, Arbitration & Dispute Resolution, General Immigration
• Author: Sarina Bailey
• Published date: 20 February 2023

Can you relocate out of England and Wales with a child without permission or is it more complicated than that?

Put simply, the answer is yes, it is more complicated than that. If there is another parent/someone else with parental responsibility then it is necessary to obtain that person's consent before relocating out of the jurisdiction. If consent is not forthcoming, an application to the court is required.

These cases are extremely tricky and on an application, a Judge is faced with a very difficult job. In the case of NJ v OV [2014] EWHC 4130 (fam) the Judge hearing the case said: "the hardest decision a Judge ever has to make in the field of family law is a relocation decision." One of the reasons these decisions are so hard is because the Judge is faced with making a decision that will affect the future lives of the children concerned, while also causing profound disappointment to the parent who is left in the UK following the relocation if the applicant is successful. This was highlighted in Re G (Leave to Remove) [2008] 1 FLR 1587; "these cases are ...traumatic for the parties...so much is at stake. The judges are very well aware of how profoundly the decision will affect the future lives of the children and how difficult it will be for the disappointed parent to adjust to the outcome."

What then does the court need to consider when faced with these difficult cases? The law is clear. The welfare of the child is the court's paramount consideration.

If an application to the court is necessary, what factors should be considered in detail before the application is formally issued?

It is essential for the applicant to think very carefully about the following as examples:

1. Motivation for the relocation. The court will need to see that the application is not being made just to impact the relationship of the child and the other parent. The court will also want to see that the relocation is not motivated by a desire to control. A clear explanation for the relocation will be required i.e. is the motivation for the relocation based on a new lifestyle, going home to live close to family, employment opportunities or due to a partner having to relocate?
2. What are the existing care arrangements and what is the plan for contact post relocation? It is important for this to be well...