Moving Away With My Children – Can My Ex Stop Me?

The answer to this question is both yes and no! As is often the case in family law, answers to these types of questions are not always black and white.

Moving away with my children – What is the current view?

The general assumption is that if the child/children live with one parent who acts as their primary carer and they have contact with the other parent, then the ‘primary parent’ can relocate with the child/children and this decision will not be challenged. This is not correct. As a parent, you have a right to relocate with your children but also, as the ‘other parent’, have the right to challenge this decision.

What usually happens?

If you find yourself in such circumstances, the first step as parents is to try and reach an agreement between yourselves. Any agreement between the parents should be made with the child’s/children’s best interests at the sole of the decision. A parent cannot simply announce that they are leaving if you, as the other parent, have parental responsibility of the child/children. If both parents agree to the children moving, the process can be very straight forward and no legal steps are necessary.

What if we can’t agree?

However, if an agreement cannot be reached, you can ask the Court to make the decision for you who will then weigh up the advantages and disadvantages of the children moving.

The Court’s first priority will be the well-being of the child. Generally, the Courts want to keep both parents involved in their children’s lives and in their decision will accommodate the best interests/well-being of the children and, within reason, contact with both parents.  Although a parent-child relationship is considered, this does not mean that current contact arrangements (if any) would stay the same. If it is impractical to maintain the current arrangement (e.g. travelling hundreds of miles for a weekend) the Court may seek to compromise, such as longer stays during school holidays.

Regardless of whether this type of matter is settled in or out of Court, it is always advised to make any decision about relocating with children legally binding – just in case either parent should withdraw consent to this arrangement.

For more information on this topic, please feel free to get in contact on 01283 561531 or at l.watson@timms-law.com

Leonnie Watson
March 2020