One of the most difficult issues the family courts grapple with is called “internal relocation”. This covers cases where one parent is told by another parent the they are moving away with the kids to another town, far away. And moving away with the kids means everything has to change.
The issue brings strong feelings into what is already a tough situation. It can feel like a loss all over again. Often the suspicion is that the move is a deliberate attempt to water down the non resident parent’s relationship with the children. For the parent seeking to move, there can feel a strong sense of injustice that everybody except for them has the basic human right to freedom of movement within their own country.
The law is complex and as usual in family law, a great deal of case law has arisen trying to bring justice to the case in front of the nose of the court of appeal deciding it, but, as a side effect , muddying the legal waters so it has become tricky to advise for the lawyer.
With that health warning in mind here are some of the features of this part of the law.
- The legal mechanism for stopping the move is a “Prohibited Steps Order”. These can be applied for on an emergency basis (Without Notice) or in the usual way giving notice to the other side. This will give you the chance to have the matter considered by the court.
- If there is a contact order in place then the parent who wants to move is going to have to apply to vary the order before they can sensibly move any distance.
- If the parent seeking to move has a residence order in their favout, they are in a very strong position unless there are exceptional circumstances that should prevent the move.
- If neither parent has a residence order then things are more finely balanced.
- The court will always apply the welfare checklist under the Children Act 1989 and put the welfare of the child first when deciding the issue.
- The court will scrutinise the motive of the parent seeking the move. Is it being done to mess about with other parent’s relationship with the children?
- The court willscrutinise the plans of the parent seeking to move; are they well thought out? Are they sensible? Practical?Affordable?
- The court will also scrutinise the motive of the parent opposing the move. Is it to be controlling or to continue a pattern of abusive behaviour?
As you can well imagine, each case turns on its own facts. See legal advice early if you want to oppose a move or one is sprung on you. Be aware that there is a way to stop or delay your move if you have plans to relocate.
