When a relationship breaks down, questions about where a child should live and how they spend time with the other parent, particularly when one parent wishes to move away, can be among the most difficult and emotional issues to resolve.
At TWM Solicitors, our experienced Family Law team helps parents navigate relocation disputes with compassion and clarity, always focusing on what is best for the child.
Understanding child relocation
Relocation issues arise when one parent wishes to move with their child to another part of the country or abroad. This might be to be nearer family, a promotion/change of employment or for a fresh start.
Relocation can be one of the most complex and emotionally charged issues in family law.
Internal vs external relocation
- Internal relocation: where a parent wishes to move with their child to another part of England and Wales.
- External relocation: where a parent wishes to move with their child to a different country.
In both cases, if the other parent will not agree to the proposed relocation, the relocating parent will need to seek a court order (a specific issue order).
What the court considers
A decision by the court will be based on the child’s welfare – what’s in the child’s best interests. In reaching its decision the court will look carefully at the relocation plan, so it’s important to demonstrate a well thought-out plan which includes:
- Information about the relocation area (including accommodation and schools)
- How and when the child will be able to see the other parent
- The frequency of visits (particularly if abroad)
- How this will be managed and how each parent will contribute to the cost.
How TWM can help
If you are considering relocating with your child or are concerned about a proposed move, early legal advice is essential.
We can advise a parent about the merits of an application to relocate. We can also advise the parent who would be left behind about the prospects of successfully opposing an application for relocation. We can assist you with the court process and represent you in the proceedings, helping you to achieve the desired outcome.
At TWM, our experienced Family Law team is here to guide you through these challenges. We provide clear, compassionate advice in situations where one parent seeks to relocate and the other parent objects to the move.