Can I move my child within England and Wales without consent? Legally, parents who have Parental Responsibility do not need explicit court permission to move a child’s home within the UK, as there is no specific law requiring consent or court order for any UK move.
However, courts over the last number of years have applied weight to parents involving each other in such decisions so that consideration is given to how the ‘left behind’ parent maintains contact with the child and consultation takes place in respect of schooling. It invites this because if, following discussions, parents cannot agree on such a change for the child, an application should be brought so that the court decides based on the child’s best interests, with consideration given to the impact on their schooling, routine, and relationship with each parent and wider family.
Can I move without the father’s consent?
Yes, but as set out below it is far more preferable to have consent rather than risk the possibility of a court hearing.
Can I move without the mother’s consent?
Again the simple answer is yes as the situation is the same for both mother and father and again it is preferable to have consent rather than dealing with matters through the court.
It is certainly therefore sensible that if a substantive move within England and Wales is anticipated that consent from the other parent should be sought and if not provided for an application to be made for permission for the child to be moved.
There are certain circumstances where it is highly unlikely that a court would have significant input about a move if that move were for reasonable cause and the move would not impact upon the child’s education and/or contact with the other parent (if in rented accommodation a landlord required the property returned). So if the child would attend the same school and there would be no impact on the child’s contact with the other parent formal consent will not be required.
If however the move is likely to impact upon the child’s education requiring a change of school and significantly impacts the other parent’s contact there are certainly a number of occasions that where a parent has moved a significant distance with the child an urgent application brought to the court by the other parent has required the return of the child to the location from which they have been removed (until the case is resolved) and indeed if the moving parent is unable to return has seen the child placed temporarily at least in the care of the other parent whilst the issues are determined.
Can I move two hours away with my child?
The answer in relation to the above is of course yes if the consent of both parents has been secured. Additionally the answer would be yes if the move did not require a substantive change in the child’s education (e.g. they are going to a boarding school elsewhere) and did not have a significant impact upon the other parent’s contact (i.e. contacts took place during all school holidays rather than incorporating weekends).
What if there is a Child Arrangements Order in place?
If a Child Arrangements Order is already in place, the parent with whom the child lives can technically relocate within England and Wales, without explicit consent, provided it does not breach the contact terms of the order. Generally however, most moves to a different location within the UK will disrupt the contact schedule and so such a move will likely breach the order.
If there is a Child Arrangements Order which stipulates that the child lives with both parents, moving the child without agreement will breach the order, as it will remove them from the place that they are ordered to be living.
Within both of the above scenarios, court intervention will be very likely, which is why it is very important discussions between parents happen early on. Early on attempts at Mediation or other forms of Dispute Resolution could be of assistance. LINK mediation/DR article here
Similarly, in the event, if the move would mean that there would have to be a change of education reality is that the issues which are identified in the paragraph above are engaged and the consent of the other parent would be required.
What practical issues should parents consider before relocating?
When considering whether a move is going to require specific discussions with the other parent or court involvement, it is important to consider the distance it will place between the child and the other parent. Practically, it is likely that any move which places the child an hour or more away from the other parent will require consideration. For example, if the non-resident parent had alternate weekend contact and would normally collect the child from school or the home of the other parent which would be no more than say for example, 15 or 20 minute drive once that is extended out to an hour or more that would be considered a significant change to that parents’ contact and arrangements would need to be agreed as to how that might work. It might include for example an agreement that both parents will engage in the travel and meet half way for handovers at weekends.
If the distance from the other parent will be from two hours upwards, specific consideration would have to be given to whether maintaining existent levels of contact are suitable for the child or even possible. For example if a child was staying with one parent every other weekend from Friday to Sunday at what point does the travel which the child would have to undertake both ways become prohibitive to that contact and inappropriate for the child to have to go through. i.e. for a weekend contact it is probably unlikely to be in the child’s best interest to have to spend five to six hours travelling one way and then back the other.
How far can a parent move with joint custody UK?
In response to this question firstly to confirm “custody” no longer exists within the United Kingdom and you will be looking at child arrangements order which identify with which parent a child lives which can include joint live with orders which defines the time that the child will live with each of the respective parents. The response to the above is in effect substantially the same as provided earlier within this article.
The issue is not whether the child lives with and has contact with the other parent or the child is defined as living with both parents but with what the impact of the move would be on the continuation of that arrangement.
In fact it may be harder for a parent with a shared care arrangement to justify a significant move where it effectively becomes impossible for that shared care arrangement to be maintained. For example, if the shared care arrangement identified that the time spent with each parent will encompass parts of the school week with each parent delivering and collecting from the school a significant move which would no longer make that possible i.e. as a result of the move one of the parents would have to travel two to three hours a day simply to deliver and collect the child from school in effect the shared care arrangement is no longer possible. In those circumstances the court would then have to give consideration to variation of the arrangement creating in effect a primary carer and the other parent having contact.
Consequently, again the primary driving factor will be the distance that is moved, the time for transfer between the parents, and whether this fundamentally impacts the arrangements which then would need to be varied and amended either by agreement or if necessary through court action.
How do courts decide whether an internal relocation is in a child’s best interests?
Courts have increasingly and regularly applied the same regulations and considerations for significant internal relocation cases as that which are applied for applications to remove the child permanently from the United Kingdom.
As mentioned in our previous article on relocating abroad the courts will likely give consideration as to whether the move is justified and provides benefits not only to the moving parent but also the child or whether the move has been primarily determined as a means or desire to limit and/or restrict the remaining parent’s contact. It will decide based on only the child’s best interests, not the parents’ rights. Key considerations will include impact on the child’s emotional/educational needs, the reasonableness of the proposed move, and the impact on the relationship with the other parent.
As explored, careful consideration will be given to this issue at an early stage and the consent of the other parent sought (and preferably confirmed in writing) otherwise an application to the court to secure permission is strongly advised. If there is time, and the move does not need to be or is not likely to be imminent, then parents should attempt Mediation before making an application, agreements/settlements could be reached her. LINK to mediation article
In putting together such an application the same issues as are set out in the relocating abroad Article can and should be addressed inclusive of:
- The reason for the move and the benefits to be brought with it;
- The availability and suitability of accommodation to which the move would be undertaken;
- The availability and suitability of the change of education regarding schools;
- Consideration for registration of medical and dental treatment in the near future; and
- The proposals for maintenance for the continuation of contact with the remaining parent particularly through school holidays and via Skype video calls, contacts, etc.
Again, as per relocating abroad the court has no authority to prevent an adult from moving within the United Kingdom, It is only the arrangements for the child which the court has authority to regulate. Consequently, as per disputed Moves Abroad a disputed move within the jurisdiction, parents who are looking to move may be left in a situation where they obviously can move themselves but effectively would have to transfer the primary care of the child to the other parent to enable the child to remain in their current location.
It can be particularly difficult for parents who object to their child being moved away but for accommodation and/or employment reasons in effect cannot offer to undertake and provide the primary care of the child. In those circumstances the court’s permission to move may be inevitable and the issue of contact become the primary area of dispute that need resolution within the court process.
Father moving away from the child/mother moving away from the child
Should either parent move a significant distance away from where the child is living this may of course impact upon the contact that that parent is able to have with the child and require further discussion to organise a new or more suitable contact arrangement. It may be in fact make a court ordered contact arrangement unworkable and require full agreement to vary it or return to court to do so.
What next?
Questions around internal relocation can be legally and emotionally complex, particularly where child arrangements are disputed. Taking early legal advice can help you understand your position and avoid costly mistakes. If you would like guidance on child arrangements, internal relocation disputes, or related proceedings concerning children, please get in touch with our Children team and we’d be happy to assist you or call us on 0345 540 5558.