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There is a distinction here between internal relocation (within the UK) and external relocation (outside of the UK).
Internal relocation
If there is a Child Arrangements Order in place and your child lives with you, you do not need permission to relocate within the UK. This does not stop the other parent however from applying to the court to prevent you from moving by imposing a condition on the Child Arrangements Order about where your child can live. The court should however only exercise that power sparingly. If you know that the other parent will object to your plans you can apply to the court for a specific issue order permitting the relocation.
External relocation
When one parent wishes to remove a child from the UK permanently unless the written consent of every person with parental responsibility is obtained an application for leave (permission) must be made to the court. If the other parent does not have parental responsibility they can still apply to court to try to prevent the relocation.
In deciding whether to grant either application the welfare of the child is the court’s most important consideration. In either case the court will expect the parent wishing to relocate to have given a great deal of thought to how the relationship with the other parent can be maintained.
In all such cases the court must carefully examine the interests, wishes and motivation of the parents, but the best interests of the child dictate the outcome. While there is certainly a perception that it is easier to succeed with internal relocation there is no guarantee and both require a difficult and delicate balancing exercise to be undertaken by the court.
George Green’s Specialist Family and Divorce Lawyers give advice regularly on the arrangements for children when their parents separate. If you wish to discuss your matter in a free initial telephone consultation, call Mark Vandaele on 01902 796930 (mvandaele@georgegreen.co.uk) at our Wolverhampton office or Jane Williams on 01384 340 528 (jwilliams@georgegreen.co.uk) at our Cradley Heath office.