By Samuel Berkeley, Trainee Solicitor, Goughs Solicitors
Within the Family Law department at Goughs Solicitors, we encounter a range of cases which are driven by our client’s personal circumstances. Naturally, matters become more complex particularly in disputes involving children.
One issue that arises frequently and often is misunderstood is relocation of children without consent of the other parent. When I began practicing Family Law, relocation and the misconceptions surrounding it was something we dealt with on a daily basis.
Relocating Children After Separation
Relocation is often viewed by parents as a practical step following separation. In reality, it’s a legal decision with significant consequences if not approached carefully. Moving a child can affect schooling, routine and, most importantly, their relationship with the other parent. Even relatively short moves can have a meaningful impact and, as such, informed consideration needs to be given.
Parental Responsibility and Consent
A common misconception is that the parent with whom a child primarily lives has the authority to decide where that child resides. This is not the case where both parents hold parental responsibility.
In such circumstances, one parent cannot unilaterally relocate a child without the agreement of the other parent or an order of the court, typically in the form of a Child Arrangements Order. This applies regardless of how much time the child spends with each parent.
Disputes and Resolution
Disagreements around relocation are often driven by concerns about reduced involvement in the child’s life. Early discussions are important and, where possible, mediation should be considered. It can provide a structured and less adversarial way to resolve disputes without the need for legal proceedings or solicitor input.
Court proceedings are typically a last resort particularly when considering the financial and emotional costs which come with protracted legal proceedings.
Risks of Moving Without Permission
Relocating without agreement or a court order carries significant risks. In instances where one parent does choose to relocate the children of a family without the consent of the other parent, the Court has the power to order the child’s return, the relocating parent’s position may be weakened in future proceedings and disputes often escalate, increasing both cost and conflict. This can significantly increase the stress caused to children, in an already highly emotional time.
Key Takeaways
The key lesson I have taken from my experience is that relocation should never be treated as a purely personal decision, nor should it be made unilaterally.
Seeking early legal advice, engaging in careful planning and maintaining clear communication with the other parent are all essential steps. Above all, the child’s welfare must remain the central consideration, as this is the court’s paramount concern.
Where agreement cannot be reached, an application to the court may be necessary. However, this is a significant legal step and should be approached with appropriate guidance and consideration.
How can Goughs help?
At Goughs, our Family Law team regularly advises on relocation disputes and supports clients from early discussions through to mediation or court where needed, always keeping the child’s welfare at the centre.
Bath Family Law Clinic
Hotel Indigo, South Parade, Bath BA2 4AB
Thursday 14th of May
Do get in touch for an alternative date and our team will be happy to see you at one of our Wiltshire-based offices on a date and time to suit you.
Samuel Berkeley
Trainee Solicitor
01249 475905
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