Applying For Leave To Remove: What Is Essential For A Relocation Application?

When a family breaks down, one parent may decide that they would like to move with their child to another part of the UK, or sometimes even abroad. If the other parent objects to this move, and the parents cannot reach an agreement through other methods such as mediation, it may be necessary to make an application to the Court to determine whether this relocation will be permitted.

The purpose of this blog is to discuss important considerations for an application for leave to remove, should you wish to relocate with your child.

The process for a relocation application varies between internal relocation (within the UK) and external relocation (outside the jurisdiction) but they are both governed by Section 8 of the Children Act 1989.

Procedure

If you wish to relocate, you can make a Court application for a ‘specific issue order’ for leave to remove, or if required for an internal relocation apply for an order to change the child’s school. The ‘non-moving parent’ could also make an application for ‘a prohibited steps order’ to prevent you from relocating. These types of applications will often accompany a ‘child arrangements order’ determining where the child will live and how much time they will spend with both parents.

It is important to note that with external permanent relocation, if there is already a child arrangements order in place that regulates where the child lives, then neither parent can remove the child from the UK for more than one month without written consent of everyone with parental responsibility or leave of the court.

If you have parental responsibility and there is no child arrangements order in place, consent should be sought from each person with parental responsibility if you wish to relocate externally. If you fail to do so and your child is under 16 years of age, this could be classified as child abduction which could have significant consequences. It is therefore incredibly important to ensure that you have the consent from anyone else with parental responsibility or order from the Court before relocating outside of the UK.

Before any Court application, there should be a focus on considering whether you could try and reach an agreement through any other alternative dispute resolution methods. The Courts will want to see evidence that these have been exhausted and that a Court application is the last resort.

What defines a strong case for relocation?

The Court will want to see extensive planning and preparation for any proposed move to evidence that you have strongly considered how this relocation will be beneficial for your child. For example, this could include detailed proposals for schools, where the child will live and what extracurricular activities may be available for them in that area in comparison to where you are currently residing.

Relocation can be a drastic change to a child’s life, therefore the arrangements must prioritise your child by being meticulous and realistic including setting out how the relationship with the ‘non-moving parent’ will be protected including indirect contact and the practical arrangements for travel in between the two homes.

The overriding principle in any relocation case is the welfare of the child. The Court can also take into consideration the child’s wishes, needs and their own view about a possible move. The Courts will be conscious of the need to avoid delays that may prejudice the child’s welfare such as moving before a new school year and whether making an order is better for the child in comparison to not making one.

Factors to consider for both internal and external relocation applications

Internal relocation factors

• Can you explain why you wish to, or need to relocate?
• Is the application based on practical propositions which are well researched and investigated?
• Where will the family live after relocation? Is housing confirmed? Will this be rented or purchased?
• Where will your child attend school and what is the standard of education they will receive? Are places confirmed? What is the process for applying? In the case of an internal relocation, do you intend for your child to remain at their current school?
• What extra-curricular activities are available for the child, especially those they currently are interested in?
• Can you provide evidence of how will you fund the relocation, both in terms of the move itself and also your monthly expenditure thereafter?
• Do you have proposals for contact between your child and the non-resident parent? How will holiday periods be split? What is your proposal for indirect contact such as calls and video calls?
• What is the distance from your proposed location and the ‘non-moving parent’? How will this journey be made and who will pay for the travel costs?
• Do you have a support network in the new location and if not, how will you build one?
• In light of your child’s age and understanding, what are their wishes and feelings in regard to the proposed move?
• Can you meet all of your child’s needs?
• What will be the impact on the child of any change in circumstances?

External relocation factors

• If you intend for your child to attend a new school, will the change in curriculum be a significant disruption, for instance if they are studying for examinations?
• Are immigration requirements relevant and if so, are they satisfied?
• Who will take the child on flights or if they are old enough, who will pick them up? Who will pay for these flights?
• If there is a significant time difference, are video calls with the ‘non-moving’ parent feasible?
• Is the country a Hague Convention country? If not, is it worth considering a mirror order in the relocation country? What will be the consequences of non-compliance with an order?

It is important that all relocation applications contain an in-depth breakdown of the proposed move, with the main focus centred on what is in the child’s best interests.

This is a complex area of family law and specialist advice can be very beneficial to ensure that you put forward the best possible case for either relocating or preventing a parent with your child from relocating.

Our approachable and experienced family law team can advise you on the best approach for your situation. For more information please get in touch with our family law experts on 0330 822 3451  or request a callback.