Moving away after a divorce

Once the formalities of divorce have been completed, the process of moving on to the next chapter of life begins. A new home, a new town or even a new country could be on the agenda but where a relocation involves children, it is not as simple as deciding to up sticks and leave.

Where both parents are set to be involved in their child’s life, geographical distance could have a significant impact on contact. An overseas move lasting longer than a month is not allowed if there is a child arrangements order in place specifying where the child should live – unless everyone with parental responsibility has given their consent, or the court allows it.

Relocation within the UK is a little different, in that consent isn’t strictly necessary. However, where contact is to be maintained between the child and their other parent, the ideal scenario is that that parent understands the reason for the move and agrees to it going ahead. In some cases, that is a very big ask; relocating from, say, Exeter to Manchester can turn agreed arrangements on their head and there are steps that could be taken to stop the move happening.

While this may seem to be a matter for parents, the child’s welfare is always the primary focus. We would advise any separated parent contemplating relocating with their child to consider from the very outset if that move would be in their child’s best interests. They should carefully look into where they would live, where their child would go to school, and any advantages (and disadvantages) of the move, as well as ways in which arrangements for contact between the child and their other parent could be met. All of this would be vital to demonstrate to the court, if it came to that, that the relocation had been thought through, with the child’s welfare front and centre.

However where parents can’t agree on relocation, court isn’t the only route to resolving their dispute. As family lawyers, we help clients during negotiations and also through family law mediation, which can be a constructive and effective way of tackling the issues. While the idea of relocation can be highly emotive, sometimes further dividing families, it may be possible to work through differences and reach an outcome that works for everyone.

For advice about relocation with a child, or any other family law issue, contact our team on family@bsandi.co.uk or call on 01264 353411.