Child Relocation

The relocation of a child is always a difficult issue. It is not one where compromise and negotiation is likely to resolve matters – a child will either relocate to another country or region, or they will not.

Child relocation can be categorised into two main areas;

• Internal Relocation – this is relocation within the same country;
• External Relocation / International Child Relocation – this is a move outside of the country

It is, however, worth noting that an internal relocation does not necessarily mean the application is more likely to be granted or that this will be less problematic. This was considered in a 2010 case of Re F (internal relocation) where an application was made to relocate from England to the Orkney Islands, which if granted would have created a bigger geographical boundary than an external relocation to a number of European Countries.

If parties reach an agreement on a proposed relocation, then this can be dealt with without a court order. However, it is sensible to consider having a written agreement clearly setting out what is agreed, for example, is the relocation permanent or temporary, which region is permission granted to relocate to and what contact will take place with the remaining parent who is not moving.

If parties are unable to reach an agreement, either through direct discussions or mediation (and this is often the case) then this is likely to need determination, either through Arbitration or an application to the court.

A relocation without the consent of everyone holding Parental Responsibility or permission of the court is likely to be considered child abduction and can result in emergency court applications for the return of a child.

At Dutton Gregory Solicitors, we can provide swift, expert advice on all child relocation matters, protecting your children’s best interests and your relationship with them.

Our child relocation expertise

Our child relocation solicitors can advise on matters including:

• Agreeing child relocation amicably
• Court applications to relocate with your child
• Court applications to prevent the relocation of your child (Prohibited Steps Orders)
• Child abduction scenarios

Get in touch with our child relocation solicitors

Our child relocation solicitors can advise clients nationwide from our offices in Bournemouth, Chandler’s Ford, Poole, Winchester and Woking.

To arrange an initial consultation, you can contact your nearest office using the links above or fill in our quick enquiry form and we will get back to you soon.

Frequently asked questions about child relocation

Can I or my ex-partner relocate with our child or children?

The first thing to note is that there is no automatic presumption, either in favour of the party seeking to relocate or the party opposing, with the court considering the individual circumstances of each case.

What does a court consider when deciding a child relocation case?

The same criteria are considered for both internal and external relocation applications, with the child’s welfare always being the court’s paramount consideration, along with consideration being given to the welfare checklist. The 2001 case of Payne provided a checklist of factors for the court to consider, however, over time and case decisions this ‘checklist’ has now been eroded away to simply be ‘guidance’ on factors the court may wish to consider.

When it comes to child relocation, both internally and externally, any Judge will hold a large amount of discretion on what factors they consider and how much weighting is given to each. A lot of guidance and precedent comes from previous case law and decisions. It is, therefore, important to always seek legal advice before pursuing or opposing an application to relocate.

It is important to not just consider the relocation of the child, but also ensuring consideration is given about contact and their relationship with the left-behind parent and family.

What evidence will a court consider when deciding on child relocation cases?

When it comes to child relocation, preparation is key. If the matter is going before the court, then it will be necessary for a party to explain and evidence why they are seeking to relocate or opposing the relocation.

The relocating party will need to show what life will be like for them and any child after relocation, as well as how the child will maintain contact and their relationship with the remaining party. This will involve research, evidence and documentation. It is for these reasons that it is important to get independent legal advice.

Why choose our child relocation solicitors?

The family law team at Dutton Gregory have experience in dealing with both internal and external child relocation applications, as well as child abduction, including international child removal.

In 2022, Jon Whettingsteel, Partner in our family law team, wrote and had published a book on Child Relocation, ‘Internal and External Child Relocation’.

Our experienced team of family lawyers will be able to provide you with initial advice, as well as guiding you through the process of pursuing or contesting a relocation application or preventing a relocation or seeking the return of a removed child.

Our child relocation advice fees

At Dutton Gregory, we are totally clear and upfront about our fees. We offer a range of fee options to match individual circumstances and will be happy to discuss this during your initial consultation.

Get in touch with our child relocation solicitors

Our child relocation solicitors can advise clients nationwide from our offices in Bournemouth, Chandler’s Ford, Poole, Winchester and Woking.

To arrange an initial consultation, you can contact your nearest office using the links above or fill in our quick enquiry form and we will get back to you soon.