A relocation order is a court order that allows a parent or person with parental responsibility to move a child to a new area within the UK or to another country. If the move is disputed by another parent, the Family Court will decide whether the relocation is in the child’s best interests. This article explains what a relocation order is, when one may be required, and how the court approaches applications to relocate a child following separation or divorce.
A Relocation Order application, sought through the family courts, allows a parent to change the child’s residence to a new location.
If you are the resident parent of a child following a separation or divorce and thinking about relocating, this article is for you. Whether it is for work, family reasons, or a better quality of life, there are plenty of reasons why parents might decide to relocate a child. However, depending on your circumstances, you may need court approval before taking any steps. This article explores Relocation Order applications, when and why you might need to use one, and the role of a family solicitor in increasing the chance of a successful Relocation Order application.
What is a Relocation Order?
A Relocation Order is essentially permission from the family for a parent to move their child’s residence to a different geographical area, be it domestically or internationally. A Relocation Order application is usually sought by the resident parent who a child is living with following a divorce or separation.
Do I Need the Other Parent’s Consent to Relocate a Child?
If you have sole parental responsibility of a child living with you, you do not normally need formal consent of the other parent to a move within the UK. That said, it is always best to discuss your plans with the other parent to reach a consensus and avoid disputes. If the other parent objects, they can apply to the court to prohibit your move (known as a Prohibited Steps Order). The court can also specifically order that a child who is moved away is returned if necessary.
Relocating may not be so simple if the child is living with you under ongoing court arrangements. If the move would compromise existing arrangements for contact with the non-relocating parent, you risk being in breach of any Child Arrangements Order in place. If the other parent doesn’t mind, then you can apply to vary a Child Arrangement Order to represent the new arrangements. Otherwise, the other parent may seek to enforce the Child Arrangements Order.
Consent is always required from all those with parental responsibility of a child for overseas relocation. Taking a child outside of the jurisdiction without such consent can amount to child abduction, which is a serious criminal offence. The exception is that if someone has an existing Child Arrangement Order from the court confirming the child lives with them, they can take their child abroad for less than one month without needing the court’s permission (unless specifically prevented).
When is a Relocation Order Application Used?
A Relocation Order application is typically made where one parent with shared parental responsibility wishes to move and the other objects. Where the other parent is happy with the move, a Relocation Order application may not be necessary, but it is best to get written consent if possible.
If there are ongoing court arrangements concerning the child in place, a Relocation Order application should be made if the move impacts the other parent’s access to and time spent with the child.
A Relocation Order application is always required to move overseas with a child without the consent of another parent with parental responsibility. These are also known as applications for “Leave to Remove” a child.
How to Make a Relocation Order Application
To make a Relocation Order application for a child, an application for the court to determine a ‘Specific Issue’ must be filed at court using form C100. This is the standard application form used to initiate a family court application regarding child arrangements. Within the Relocation Order application, you will need to carefully detail your reasons for wanting to relocate and your proposed arrangements in the new location (housing, schools, amenities, employment, childcare, support networks etc.). Importantly, you will need to set out how you intend to facilitate the child’s contact with the other parent after the move. It may also be helpful to demonstrate that you have tried to mediate with the other parent but not been able to reach an agreement.
Legal Framework for Relocation Orders
The primary consideration for family courts in Relocation Order applications is whether it is in the child’s best interests. Factors that the court will consider include:
– The potential disruption to the child’s life if the Relocation Order application were to be granted, taking into account the child’s wishes and feelings based on their age, maturity and understanding.
– The motives of the parent seeking the Relocation Order application (whether they are genuine, well-thought through, practical and offer a better quality of life for the child in his/her best interests).
– How the Relocation Order application will affect the child’s relationship with the non-relocating parent if granted, and what plans are being put in place to maintain a meaningful relationship for e.g. holiday contact, video calls, travel arrangements.
– Employment information, the financial implications of the move and how the relocating parent will support the child, including childcare arrangements and funding travel to maintain contact with the other parent.
– What support networks the parent has in place to help with childcare, particularly if this is the primary reason behind the Relocation Order application.
– The suitability of housing to accommodate the child, as well as the amenities and facilities available in the local area to serve his or her needs and interests (GP surgeries, dentists, leisure activities, hobbies etc.).
International Relocation Order Applications
Where the Relocation Order application will result in a move overseas and thus a significant change to the child’s life, further emphasis is put on the child’s welfare. The Children Act 1989 outlines a list of factors known as the “welfare checklist” which courts often refer to in these types of Relocation Order applications as follows:
– The child’s wishes and feelings, considered in light of their age and understanding.
– The child’s physical, emotional, and educational needs.
– The likely effect on the child of any change in their circumstances.
– The age, sex, background, and any characteristics of the child that the court considers relevant.
– Any harm the child has suffered or is at risk of suffering.
– The capabilities of the child’s parents, or other relevant adults, in meeting the child’s needs.
– The range of powers available to the court in the proceedings.
For more detailed guidance on moving abroad with a child, including a real-world example, see our article on gaining permission to relocate abroad with a child.
How a Child Relocation Lawyer Can Improve Your Chances of Success
Cases involving relocation of a child can be emotionally-charged, complex and robustly-defended. Specialist child relocation lawyers like Tyrer Roxburgh Solicitors can significantly increase your chances of a successful application through:
- Tailored Advice: While clients making Relocation Order applications have similar objectives, everyone’s circumstances are unique. We take the time to understand your particular situation and provide realistic, practical advice on how best to take your Relocation Order application forward.
- Evidence Gathering and Application Preparation: Our in-depth experience in this area means that we can help you prepare a thorough, compelling Relocation Order application with strong supporting evidence. You need to convince the judge that the move positively accommodates and benefits the child, while maintaining relations with the non-relocating parent. This can be more challenging when it involves relocating abroad, where there may be added concerns about cultural adjustment and transitioning to new schooling systems. Planning ahead is key here, so that you can provide detailed, concrete information where possible.
- Negotiation and Mediation: As specialist child relocation lawyers, we can negotiate with the other parent on your behalf, potentially reaching an agreement without the need for adversarial court proceedings.
- Representation in Court: If an agreement can’t be reached with the other parent and the matter proceeds to court, as child relocation lawyers we can effectively articulate your case to the judge to achieve desired outcomes.
Conclusion
A Relocation Order application, whether for a domestic or international move, is a serious legal step that requires careful consideration and preparation. Seeking professional legal assistance from specialist child relocation lawyers can make a significant difference in the outcome of your case. If you are considering relocating with your child, our friendly and approachable family team at Tyrer Roxburgh Solicitors are on hand to help. Contact us on 0208 899 3319 or via one of the options below for help and assistance.
Frequently Asked Questions
What is a relocation order?
A relocation order is a court order that permits a parent or person with parental responsibility to move a child to a different location when there is disagreement about the proposed move. The court will consider a range of factors, including the child’s welfare, the reasons for the move, the impact on the child’s relationship with the other parent, and how future contact arrangements will work.
How do I apply for a relocation order?
To apply for a relocation order, you will usually need to make an application to the Family Court using a C100 application form if agreement cannot be reached with the other parent. The court will expect detailed information about the proposed move, including where the child will live, schooling arrangements, housing, financial plans, and how the child’s relationship with the other parent will be maintained. Tyrer Roxburgh can advise on the application process and help prepare the evidence needed to support your case.
How long does it take to get a relocation order?
The time it takes to obtain a relocation order varies depending on the complexity of the case and whether the application is contested. Many cases take several months from application to final hearing. If parents cannot agree, the court may schedule multiple hearings and may request reports from the Children and Family Court Advisory and Support Service (CAFCASS). Urgent cases can sometimes be dealt with more quickly, but there is no guaranteed timeframe.
Do I need the other parent’s permission to relocate with my child?
In many cases, yes. If another person has parental responsibility for the child, it is generally advisable to obtain their agreement before relocating. If agreement cannot be reached, you may need to apply to the Family Court for permission. Moving a child without the necessary consent can lead to legal action and may affect future court proceedings.
What happens if I move my child without permission?
Relocating a child without the necessary consent or court order can have serious legal consequences. The other parent may apply to the court for the child’s return, and in international cases the move could potentially be treated as child abduction. A parent who opposes a proposed relocation can also object and ask the court to refuse permission. Legal advice should always be sought before making relocation plans where parental responsibility is shared.
We pride ourselves on being friendly and approachable so if you need advice, please do get in touch by calling 0208 889 3319 or via the form below.
About the Author
Vasoulla Constantinou is a partner at the firm and Head of Family Law. She is a SRA regulated family law solicitor with over 20 years of experience and has been awarded a specialist accreditation by Resolution, an organisation committed to the constructive resolution of family disputes in a non-confrontational manner. Vas advises clients on all matters relating to family law including divorce, financial issues and child law. For more information visit her full profile.
