There are a number of reasons why you may need or want to move from one area of the country to another or you may be concerned about your ex-partner moving the children away.
Following separation you most likely made arrangements regarding care and very frequently it will have been local to where you lived prior to separation. If you made informal arrangements between you and your partner but there is no written agreement then you should speak with them about the proposed move and the reasons why it I necessary. If you have difficulty communicating then mediation may help resolve the issue.
If however the child arrangements were made at Court though you may not explicitly require the Court’s permission you still need to make sure that the child arrangements order can be complied with. As such if you are moving very far away or it will not otherwise be possible to comply with the order then you should seek the other party’s agreement or the Court’s permission. If you are relocating a child outside the UK or if a change of schooling would be required then permission will be necessary.
Where the matter is to proceed to Court there will be several considerations that are likely to be taken into account by the Judge (or Magistrates) and the guiding principle is whether the proposed move is in the child’s best interest.
The proposed move must genuinely be in the child’s best interests and not a focussed on the parent’s perhaps skewed motivations. Plans must be put forward as to how contact may take place and the logistical as well as how basic needs questions will be met. The Court’s will scrutinise the proposal and details including finances, educational needs, housing needs, what support networks are available and other relevant circumstances. There is no presumption either for or against moving and each case will turn on its own particular facts.
We can consider with you any advice you may need on making an application and what evidence should be presented to support your case.
