Relocation of children following separation
Posted by Nina Pantzaris on 8th December 2011
The issue of relocation of children to a new geographic area, possibly abroad, following a breakdown of a relationship between the parents is an emotive one and one where the law has recently developed.
Until recently the parent with residence of the children, quite often the mother, was generally allowed to move abroad with the children so long as their plans were well motivated and practically sustainable. This was largely because the court placed importance on the parent’s future happiness in moving on with their life. This approach was out of step with the legal systems in most other countries and has recently been modified in England & Wales. Now, the importance of the mother’s welfare is not elevated and it has been clarified that the approach must be solely based on the welfare of the children.
High up on the list of priorities for the welfare of the children is the importance of having a good relationship with both parents. In some countries this forms part of the definition of a child’s welfare and in England & Wales it is now being given greater consideration than it was previously.
A further complicating factor adding to the challenges in this area is the recent increase in shared residence arrangements for children. Where residence is shared a relocation, particularly abroad, results in the child possibly permanently leaving the home they currently have with one parent and where they currently spend a significant proportion of their time. In such a situation the court will have to consider whether it is right to allow one parent to move abroad thereby effectively breaking up the residence arrangement.
The same issues are also encountered when a parent and child are relocating within England & Wales. Currently the law in this area still says that a parent should not be stopped from living where he or she chooses in England & Wales. However quite often a move of even 60 miles (or less) away has a major impact on the time the children can spend with the other parent. Time after school becomes impossible because the proposed new school is located a significant distance away leaving the other parent to spend only weekends and school holidays with the children. This often makes the other parent feel disconnected with the children’s daily lives. The law in the issue of internal relocation (relocation within England & Wales) has also been evolving with the emergence of shared residence arrangements between parents. The courts now say that the location where each parent lives and will live is just one of the factors to be considered in a test of what is in the best interest of the children and with whom they should live. Therefore the freedom to move away is not a given.
The difficulty with relocation is that there is rarely a compromise to be found as the choice is usually “stay or go”. It is therefore important for a parent involved in a relocation case to consider their situation very carefully and for them, possibly with assistance, to lay out their plans coherently and openly from the start. A specialist family solicitor can assist a parent, whether proposing or defending such an application.
