Can I relocate with my children if we are still going to be living in the UK?

Yes, quite possibly. However, if the other parent shares parental responsibility with you, and has regular contact with the children, then you may need to consult with them before doing so. This is especially important if the relocation is likely to significantly affect the contact arrangements between the children and the other parent.

If there is already a Child Arrangements Order in force you will need to apply to the Court to vary the arrangements if the move will make current arrangements impossible.

Can I still move if the other parent says no?

Whilst theoretically you can do so, there are several problems that may arise if you do not consider the other parents’ position, and they may issue Court proceedings to stop the move.

What if I move anyway?

The other parent could apply for a return of the children to them pending the Court’s final decision and may ask the Court to make an Order preventing you from removing the children from their care until such a decision has been reached.

What should I do if they say no?

You should apply to the Court for a Specific Issue Order allowing you to relocate with the children, alongside a Child Arrangements Order to set out the arrangements that will be in place following the relocation.

Can the Court refuse a move?

Yes, if it is not considered to be in the child’s best interest then a move could be refused by the Court.

How long will it take?

If an application to the Court is required it is likely to take a minimum of 6 months, but due to court delays this could be much longer.

What if the other side agree?

Get the agreement recorded in writing, preferably by a solicitor. If you are concerned the other side could change their mind later down the line, instruct a solicitor to draft a Consent Order to submit to the Court. The Court can make a consent order for child arrangements without the parties being required to attend at mediation, however they are not obliged to ‘rubber stamp’ any agreements reached.

Lawson-West Solicitors act for clients not just within Leicestershire but across England, Wales and indeed across the world. 

We offer a face-to-face, or remote, fixed fee first interview for £225 inclusive of VAT, so that we can discuss your case and advise you on the best way forward.

Please feel free to telephone our offices on 0116 212 1000. We are ready and waiting to help.

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