Jennifer Ball
- Senior Associate
- Family & Divorce
Relocating with a child internally within England & Wales
It is not uncommon following divorce or separation, for one parent to wish to move to a new area or different part of the country with the child(ren).
This could be for a new job, wanting to be closer to extended family (and thus a support system), or it could simply be motivated by wanting to make a change. Any such move, depending on the distance, is likely to have an impact on the relationship between the child(ren) and the parent not intending to move.
The ‘left behind’ parent can challenge the move for the children in the Family Court. Relocations within England & Wales (or internal relocation) can lead to lengthy and expensive court proceedings so, whether you are planning or opposing the move, it is best to take expert family law advice early to maximise your chances of success.
How far does the move need to be to warrant an internal relocation application?
There is no ‘one size fits all’ answer and it will depend on the facts of each individual case. A move within the same town/city would not be likely warrant permission, however, a move within a county is more likely to. A move across the country would certainly warrant an application for permission to relocate, in circumstances where the move was opposed by the ‘left behind’ parent.
Essentially, a move which is likely to have an impact on the ability of the child(ren) to spend time with the ‘left behind’ parent is likely to require either an agreement between the parents, or permission of the Court.
What sort of things do I need to think about when making an internal relocation application?
Prior to making an application you should have a clear plan in mind in respect of where you intend to move. This includes having researched (and ideally secured) housing, so that you can demonstrate where the child(ren) would be living. Going one step further, you should ideally also be able to set out the local amenities, eg: parks, clubs, activities that are in the local area and how the move would be of benefit to the child(ren).
In addition to demonstrating the above, you would also need to have considered schooling and identified the school(s) that you propose the child(ren) should attend and be able to evidence that, should permission to relocate be granted, there would be places for them.
A further consideration to bear in mind is the support system that you would have in the new location. A move to a new area where you have no friends and family is potentially going to be considered less positively than a move to an area where you have an existing support network. It is not a determining factor, but these applications can be finely balanced and all these issues will all be taken into consideration.
How much do I need to have thought about how the care arrangements for the children will change, if granted permission to relocate?
It is extremely important, when considering a relocation, that you are able to demonstrate that you have thought about how the care arrangements will change. You should put forward proposals to show how these would work and these should be as detailed as possible.
In considering the arrangements, the following issues should be addressed:-
- How frequently can the child(ren) practicably spend time with the ‘left behind’ parent;
- How will the child(ren) travel between their two homes. eg:-
- who will be responsible for the travel, will it be one parent dropping off and one parent collecting;
- will the children have to travel between homes using public transport (train/bus/aeroplane);
- how do the arrangements work on the ground in terms of timings – can the children reasonably travel between their two houses at appropriate times of day, so as not to adversely impact their wellbeing; and
- who will be responsible for the costs of travel.
- How will holiday periods be divided. If the ‘left behind’ parent is unable to spend as much time with the child(ren) during term time, would more time during the holidays be appropriate.
The above is not an exhaustive list and are just some of the aspects you will need to consider. If you fail to demonstrate how you can ensure the child(ren) will continue to have a full and meaningful relationship with the other parent, then this is likely to have a significant impact the prospects of success of your case.
Has the law on internal relocation changed recently/how do the Courts approach these cases now?
Yes, it has. Until early 2024, the position in respect of internal relocations had been that the parent who was objecting to the move would need to demonstrate ‘exceptional circumstances’ to be able to prevent the relocation. This arguably created a very high bar for the ‘left behind’ parent to succeed in preventing the move, notwithstanding the fact that it could have a huge knock on effect to the amount of time the child(ren) would be able to spend with them.
In early 2024, the Court of Appeal considered an internal relocation application in the case of Re: V (Appeal: Relocation) [2024] EWHC 2600 (Fam). In her judgment, Ms Justice Henke highlighted that the law in relation to relocation is well settled and was set out in the case of Re: C (Internal relocation) [2015] EWCA Civ 1305. The 2015 case made it clear that there is no distinction as to how international and internal relocation cases are dealt with and that the child(ren)’s welfare is paramount.
What criteria will the Court use to assess and determine the application?
In light of the above, when deciding whether a parent should be allowed to internally relocate with the child(ren), the Court will be looking at section 1 of the Children Act 1989 (“the Act”) and will look specifically at the factors set out in the welfare checklist at section 1(3) of the Act, namely:-
- the ascertainable wishes and feelings of the child concerned (considered in the light of their age and understanding);
- their physical, emotional and educational needs;
- the likely effect on them of any change in their circumstances;
- their age, sex, background and any characteristics of theirs which the court considers relevant;
- any harm which they has suffered or is at risk of suffering;
- how capable each of their parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting their needs; and
- the range of powers available to the court under this Act in the proceedings in question.
Every case will turn on the facts and no single element of the welfare checklist above will be determinative in any application.
How long does it take for an internal relocation case to be determined in Court?
The Family Court remains extremely busy and it is likely that any application for permission to relocate will take a number of months (anywhere between roughly 6 – 12 months) to be determined. It is, therefore, important to have thought about your move well in advance of when you wish to relocate, so that if you need to seek the permission of the Court, you are able to do so in advance of any deadline for the move (eg: a new job).
How Wedlake Bell can help
It is extremely important when considering an internal relocation to get advice at an early stage, to ensure that any such application has the best prospects of success. If you need advice on making or defending a court application that involves the relocation of a child within the UK, or you are affected by any other issue in this article, the Wedlake Bell Family team can assist.
Our children’s law practice specialises in child arrangements order applications, applications relating to schooling and prohibited steps orders, abduction cases and internal and international relocation cases. Please contact Jennifer Ball, senior associate in the family law team for further information.
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