It may not necessarily be a move out of the city to the country. It could be the fact that you are planning on placing a substantial distance between your child/ren and their separated parent in moving out of the area. Although it may be well known and indeed expected, that a move abroad with a child post-separation is likely to need the other parent’s specific consent and indeed the approval of the Court in certain circumstances, most people would assume that they are free to move house, even hundreds of miles away to the opposite part of the country, if the new home is still within the UK.
Following recent court judgments, that is in fact no longer the case. It used to be that courts would not prevent a parent moving out of the area with the child to another location in the UK, if challenged by the separated parent whose contact was going to be affected, unless there was an exceptional reason to object to the move.
Now the courts’ test will be closer to that applied to international relocation, namely that the Court focuses solely on the child’s best interests with no presumption in favour of a primary carer seeking to relocate.
That is not to say that if you have given careful thought as to why it is better for your child to move with his family to another area, which could be for reasons of educational opportunities and/or improved career prospects for the parent, if challenged by the parent without care, you would not be successful in a court application to stop you moving. But make no assumptions and if the separated parent is objecting to your plans, do check on the legal implications before you go any further. A specialist family lawyer will be able to advise.
Monday, September 6th, 2021 Children