We’re Divorced And I Want To Move With Our Child
Can the other parent stop me? What do I need to know?
Relocations are some of the hardest cases, as for Judges they involve a binary choice between the plans of one parent as against the other. But the court route offers one guarantee: that your children will have one unhappy parent at the end of it. Explore other options first, and know that court should always be your last resort.
Divorce often prompts big decisions about how you want to live your life and, for some, where you want to live. But if you have children, the views of your fellow co-parent (and those of your children) will matter.
If you’re just moving to a nearby property which doesn’t impact the children’s schooling or time spent with the other parent, then it really should be a matter just for you.
But if you’re going further afield, perhaps to another county in England to pursue a new job opportunity, or even abroad, then this will have a big impact on the time your children can spend with their other parent.
These decisions can be extremely hard to navigate, and you should always get specialist legal advice as everyone’s circumstances are different. But as a starting point, it’s important to know that the Family Courts don’t apply a presumption that you can move with the children. As a first step, you should consult with each other about the move. If you don’t agree, either of you could apply to the Family Court and a Judge would ultimately decide whether your children can move or not. The test they apply is the welfare principle: what is in the best interests of your children? They will weigh up each of your proposals against each other and take your children’s views into account.
So the sooner you can sit down and discuss the proposals, what they mean for the children, what alternative options there are, the sooner you’ll be looking at it as a Judge would. For many couples, they need help with this, either by getting joint legal advice or in mediation.
Don’t rush into a knee-jerk move, or assume a Court will agree with your plans. Talk to each other first of all, and to your children, get some legal advice, and see if there is a way forward you can both agree on for the sake of your family as a whole. And, as a neutral starting point, if you want to understand the law in more detail, and how judges make these decisions, do take a look at our online course all about it: What about moving with our child (abroad or within the UK)?
If you have more questions about this topic or any other legal issues arising on divorce or separation, please do get in touch as we are always happy to help. You can call us on 0203 488 4475 or email contact@thedivorcesurgery.co.
Related Reading
- Amicable Divorce UK Q&A
- Does It Matter If My Name Is On My Child’s Birth Certificate?
- Who Gets What In A Divorce?
- The Positive Effects Of Divorce
- How To Pick A Divorce Lawyer…
Author Name: Editor
Published content by The Divorce Surgery Editorial Team.
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