I’m relocating – Do I need the permission of my child’s other parent?

As people may or may not already know, there are certain decisions that are made in relation to a child which require the consent of everyone with parental responsibility for the child, usually the mother and the father. These decisions relate to important matters in a child’s life such as their education (where they go to school) and medical matters.

There will be times where circumstances in a parent’s life change and for whatever reason, they wish to relocate to another area whether in the UK or abroad. If a parent decides they want to move, they need to consider whether this would change where a child goes to school and how it would affect the child spending time with the other parent, particularly where there is an increase in travel.

The first step is to consider if the move would impact these arrangements. If so, you will need the consent of the other parent. When this is required, you should try and agree this with the other parent if at all possible. If an agreement cannot be reached between parents, mediation would need to be attempted to see if this can help the parents resolve the issue.

What Order would I apply for?

If parents are not able to agree on matters and mediation is not successful, the person wishing to move (relocate) would need (as a last resort) to ask the Court for permission. This is done by applying for a Section 8 “Specific Issue Order” under the Children Act.

If the move is within England and Wales then you will need to apply to change the school that your child attends; if it is outside of England and Wales then you will be asking permission to “remove the child from the Jurisdiction of the Court”

There can be circumstances where a move may also impact how the child spends time with their other parent which means that other Orders need to be changed or applied for, however at Andrew Isaacs Law we would recommend arranging an appointment to go through your circumstances in detail and discuss the best options for you and your child.

Why would I need the Court to make an Order?

Where a parent is named on a child’s birth certificate, or given Parental Responsibility with a Court Order, the consent of that person is required when making important decisions about the child. This is because anyone with parental responsibility has “parental rights”.

A parent may not agree to someone moving if this would result in them being able to spend less time with their child, and  if you were to make a decision without the other parent’s consent, this could lead to them making an application to the Court to stop this action being taken.  This could also lead to Orders being made that you would not necessarily want in place. It is therefore important to consider taking legal advice early to avoid being criticised later down the line.

What are my options?

It is important to know where you stand when it comes to legal matters and making sure that the correct approach is taken to meet the needs of your child and ensure that any decisions are ones best for that child. An application to the Court asking permission to move or change a child’s school can be complex, and would usually require evidence so show why moving is necessary. It may be that there are reasons why a school in a different area is better for your child, and again this would have to be shown to the Court.

We would suggest booking an appointment with one of our solicitors for specialist and personalised advice on how best to deal with your matter, where options can be discussed in your circumstances.

What do the Court consider when deciding whether to give permission to move?

The Court’s main concern is that a child has a good relationship with both of their parents where it is appropriate, and making sure that the child is spending enough time with both parents to make this quality time for the child. The Court will therefore be considering how arrangements could work if one parent were to move, and if there is a long distance of travel involved whether this would affect the child in any way depending on how old they are.

The Court will also need to consider a number of other factors including what is best for their education, any siblings or half-siblings and if it restricted the time the child spends with them, or even how they spend time with other family members.  Depending on the age of the child their wishes will also be important.

How can we help?

Here at Andrew Isaacs, we can discuss your circumstances and what options are available to you. What a Court might decide can depend on a number of things, and it would be helpful to you to know what options work best for your position.

There are a number of circumstances that make each matter unique and specific advice would be required. Contact us today to book in for your consultation where we can assist you Because Your Family Matters.

Article dated: 13/11/2024