Can I move with my children?

31 May 2024 | Kesha Pabari

Table of Contents

Am I allowed to relocate with the children within England and Wales?

Relocating within England and Wales, even if this is from North to South London, is often considered as an internal relocation by the Family Court.

If you, as a parent, relocate outside of the jurisdiction of England and Wales with the children, without consent from everybody who has Parental Responsibility, you would be committing child abduction, which is a criminal offence.

Things to consider before an Internal relocation

Although Internal relocation does not carry criminal consequences, there are still lots of things to consider before doing so, and the consequences could still be severe. For example, there is the risk that you would be required to return to the place you have relocated from, which is something the court can order you to do.

The concern with internal relocation is usually where there is a change to contact/living arrangements with the other parent and also to the children’s schooling. For example, if you and your former partner currently share the child arrangements, including weekdays, this is likely to be an issue.

Ultimately, if your former partner refuses to consent to any relocation, you will need to make an application with the Court. The principles the court uses to determine whether you should be allowed to go are the same for both international and internal relocation.

Welfare of the children

The primary consideration is on the welfare of the children. In considering this, the welfare checklist will be used. This includes:

  • 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 him of any change in their circumstances;
  • their age, sex, background and any characteristics of his which the court considers relevant;
  • any harm which they have 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.

These cases can be extremely challenging. They are considered ‘high stake’ proceedings, given their binary nature (either the court will determine that you can go or can’t go), and this can be difficult to deal with emotionally.

With this in mind, and given the cost of court proceedings, it is particularly important to seek independent legal advice from the outset when considering a relocation.

If you would like more information regarding relocation, or any other aspect of negotiating the child arrangements upon separation, please contact the Osbornes Law children team. Our experienced team of legal professionals are here to help explain how best you can navigate any issues that you might be facing upon separation. Contact us today to find out more.

Fill in our online enquiry form or call us on 020 7485 8811

Share this article

Contact

Contact us today

For a free initial conversation call 020 7485 8811

Email us Send us an email and we’ll get back to you






    Related InsightsVIEW ALL

    1. two children in the woods
      11.7.2024

      Unmarried With Children and Splitting Up

      Unmarried with Children? What are your Financial Rights? Know Your Financial Rights Under Schedule One Children Act 1989 A claim under...

      Read more
    2. parent and child
      17.6.2024

      What is Early Neutral Evaluation?

      Early Neutral Evaluation (ENE) is a form of Non-Court Dispute Resolution where the separated couple invite a neutral third party...

      Read more
    3. green house
      14.6.2024

      How Does Divorce Affect Our Mortgage?

      Can you keep a joint mortgage after divorce? From a mortgage lender’s perspective your divorce does not affect your...

      Read more
    4. path into a forest
      10.6.2024

      What is Financial Disclosure in Divorce?

      Introduction to divorce financial disclosure A divorce ends your marriage but it doesn’t end your financial ties to your...

      Read more
    5. couple sitting apart
      7.6.2024

      What is a Clean Break Order?

      A clean break order is a type of financial order that specifies how your assets will be divided when you...

      Read more
    6. Divorce
      6.6.2024

      Court reduces Wife’s award by £20 million

      The biggest “Divorce Cut” in legal history Court of Appeal judges have just made history by reducing the divorce award...

      Read more
    7. child reading the bible
      4.6.2024

      What is Parallel Parenting?

      Parallel parenting  is a child arrangement where each parent has equal rights and responsibilities for their children, but they do...

      Read more
    8. man with child
      3.6.2024

      Co-Parenting with a Narcissist

      Can You Co-Parent With a Narcissist? Co-parenting involves two divorced or separated parents working together to raise their children. This...

      Read more
    9. co-parenting
      29.5.2024

      What is Co-Parenting And Is It Right for...

      There is no single approach to parenting your children after a divorce or separation. How you and your ex decide...

      Read more
    10. Marriage rings
      28.5.2024

      Settlements In Short Marriages

      A Marriage is a Marriage — Even If It’s Short and Childless When deciding who gets what in a divorce,...

      Read more
    11. parents with their child
      15.5.2024

      Can a Mother Stop a Father from Seeing...

      My ex-partner is telling me that I cannot see our children. Is this allowed? There is a common misconception that...

      Read more
    12. money
      13.5.2024

      Impact Of Extended Family Wealth On Divorce

      Can the Wealth of Extended Family Affect Your Divorce Outcomes? While there is no fundamental legal difference between a high-net-worth...

      Read more
    13. osbornes hampstead
      16.4.2024

      NCDR Rules Guide Couples Away From Court

      What is Non-Court Dispute Resolution (NCDR)? NCDR is the current buzz word in the family law world, following recent rule...

      Read more
    14. kings cross station clock
      8.4.2024

      8 Considerations for French Nationals Divorcing in England & Wales

      Introduction If you are a French national with connections to England and considering a divorce, both the French courts and...

      Read more
    15. Hampstead Hill Gardens
      21.12.2023

      Financial Remedy Orders Explained

      It is common for disagreements to arise over the finances during a divorce, even if you are on good terms...

      Read more
    16. Final Order
      18.12.2023

      What is a Final Order?

      The introduction of no-fault divorces brought about a number of changes to the divorce process in England and Wales. One...

      Read more
    17. field of flowers
      14.12.2023

      What is Parental Alienation?

      Sometimes, a child may turn against one of their parents due to the other parent’s manipulation or influence. This...

      Read more
    18. divorced man with empty wallet
      4.12.2023

      My spouse is going bankrupt. Will it affect...

      Divorce and Bankruptcy In 2022, more than 1 in 10 businesses reported a moderate-to-severe risk of insolvency. More than one in five (22%) of...

      Read more
    19. spousal maintenance
      28.11.2023

      What is Spousal Maintenance?

      Spousal Maintenance Spousal maintenance is a legal obligation to provide financial support to a former spouse after the marriage or...

      Read more
    20. most common reasons why couples get divorced
      25.11.2023

      The 6 Most Common Reasons Why Couples Get Divorced

      What are the most common reasons for divorce? Following the UK’s transition to a no-fault divorce system, couples no...

      Read more
    21. signing contract
      30.10.2023

      What is a Conditional Order?

      The introduction of no-fault divorces in England and Wales removed the need to assign blame for the breakdown of a...

      Read more
    22. man signing paperwork
      29.10.2023

      What is a consent order?

      Most divorcing couples agree on how their finances will be divided without going to court. A consent order is what...

      Read more
    23. child maintenance
      16.8.2023

      Child Maintenance for High Earners

      How much should be paid? When separating or divorcing parents cannot agree the amount of child maintenance to be paid, (...

      Read more
    24. 25.7.2023

      Parental Conduct and Child Arrangements

      The Role of Family Dynamics in Child Arrangement Cases In proceedings involving children, the parents should consider the impact their...

      Read more

    VIEW ALL