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One of the most challenging aspects of life as an international family, is that if the relationship breaks down, one or both partners may wish to relocate. When you have children together, deciding where your children should live and getting permission to relocate with your children can be challenging.

In order to relocate with a child, you either need the consent of their other parent or permission from the Court. In this article, we look at what the Court will consider when looking at a child relocation application, to help you understand how to give your application the best chance of success.

Child relocation applications

Child relocation applications are rarely straightforward. They are often met with great opposition from the other parent and family members, and emotions can interfere with logic. One parent will have reduced contact with their child, or the other will be unable to move to the country of their choice. It is a difficult balance for the Court to strike, particularly when they must also consider the interests of the child. Having a specialist team of lawyers by your side is essential and it can make all the difference to your case.

Welfare of the child

In child relocation cases, the welfare of the child is the Court’s paramount concern. While the UK is one of the most liberal countries for allowing child relocation to go ahead, there are still many obstacles that you may face when convincing the Court that relocation is in the best interests of the child.

The child welfare checklist

The welfare checklist is set out in Section 1(3) of the Children Act 1989 sets out the welfare checklist, which is a series of factors that the court must consider. These are:

• Any wishes or feelings the child has expressed, which will be considered in the context of the age and understanding of the child
• Physical, emotional and educational needs of the child
• The likely effect of any change in circumstances on the child
• The age, sex, background and any particular characteristics the Court considers relevant
• Any harm suffered by the child or whether they are at potential risk of harm or suffering
• The capabilities of each of the child’s parents, as well as any other person in relation that the Court considers may be relevant. For example, this may be extended family, step-parents or others
• The powers available to the Court under the Children Act 1989

Our international child relocation lawyers have a full understanding of each of these factors and can help you to build a case which will give you the best chance of success.

How to make a successful child relocation application

Making a child relocation application to the Court requires careful planning, skill and understanding. We will gather and build evidence to demonstrate all of the following factors.

• The reasons you wish to or need to relocate
• Where you plan to live, as far as possible, we will include details about the area, including maps and a list of amenities. 
• Details of how you plan to fund the relocation
• Detailed information about what the new location can offer your child. For example, details of schools, nurseries, sports clubs, medical facilities and outdoor areas
• Information about the school your child will attend, whether there are places available, whether it will incur any fees, and how it will work in terms of following on from their current education
• Whether you will have a support network of family or friends and how far away you will live from them
• Details of your employment or work, including working hours and any childcare arrangements
• Any cultural differences which may have an impact on the child, including language
• Any proposal for contact between your child and their other parent or family members, including costs and how this will be funded
• The effect that refusing relocation will have on you, physically, emotionally and financially.

It is always best for parents to come to an agreement in respect of the arrangements for their children, such as where the children should live, holiday contact, and taking a child abroad, whether temporarily or permanently. While we can assist you with relocation applications, we can also work with you to find the best possible solution for you and your family.

Contact our Family & Children Top Rated UK Solicitors in Manchester, London and Birmingham

In this difficult time, our specialist multi-cultural team of international family solicitors can offer you expert advice and representation in all aspects of divorce, separation,  finances and issues relating to children.

For an initial consultation, call the International Family Solicitors at IMD Solicitors on 0330 107 0107 or request a call back.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.