Often when a relationship breaks down, people wish to relocate in order to initiate a new beginning, to be nearer to family and friends, or possibly to pursue job opportunities. If you are coparenting, then this can be a worrying time, as it raises questions as to how your relationship and contact with your children will continue if your ex-partner moves away with them.
If your ex-partner has told you that they are considering moving away with your children, or if they have already made arrangements to do so, and you do not agree to the relocation of your children, our family solicitors can advise and assist you in reaching an agreement with your ex-partner. In the event that an agreement cannot be reached, there are legal mechanisms that could prevent any such move.
If your ex-partner intends to relocate abroad with your children, and you hold parental responsibility for them, it is essential that both of you provide written consent for the move. If you are concerned that your ex-partner will take such steps even if you have not consented to the move, then you may need to make an urgent application to the family court to prevent them from doing so.
In situations where the circumstances are not so urgent cases, issuing an application to the family court should be a last resort. Where there are no safety concerns, our solicitors will seek to reach an agreement between you and your ex-partner that provides you with the best outcome, whilst also prioritising the needs of the children and their welfare. Our solicitors will discuss non-court dispute resolution with you, which might help resolve your dispute.
If you issue court proceedings and a judge decides that non-court dispute resolution has not been appropriately considered and where possible, engaged with, then you may be ordered to undertake such steps. Alternatively, the judge may order that the proceedings are paused for the same purpose. It is therefore very important that you seek early legal advice before issuing an application to the court.
In the event that an agreement cannot be reached, and non-court dispute resolution approaches have been considered or undertaken without success, then you may need to apply for a prohibited steps order from the court to prevent your ex-partner from relocating with your children. A prohibited steps order is an order issued by the family court that restricts a parent with parental responsibility from undertaking specific actions concerning their child without obtaining the court's consent. The prohibited steps order would specify what action the other parent is prevented from doing.
The overriding consideration in family proceedings is the question of what is in the best interests of the children. In answering this question, the court and other professionals are guided by a criteria known as the Welfare Checklist. This is a set criteria used in family law to determine the best interests of the children during legal proceedings. It requires the court to consider various factors before making decisions regarding a child's living arrangements and welfare.
The family court has to consider whether any order in respect of the children should be made. The family court will not make the order unless it is satisfied that doing so will be better for the children than making no order at all. This is known as the no order principle.
The court will also consider the impact on the children’s well-being and the need of the children to maintain a relationship with both their parents, provided it is safe and in their best interest to do so. The court will take in to account the children's relationship with extended family members, as well as but not limited to, the children's schooling, support and social networks and community integration.
The court will also be concerned with the impact on the parent who wishes to relocate if the court refuses to allow the move. It's possible that your ex-partner will make their own application for a specific issue order to the court, requesting a determination on whether the children should in fact relocate.
Our family solicitors have considerable experience helping individuals navigate the complex and challenging area of child arrangements. To speak to a member of our team, please do get in touch.
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