If you want to move your children to a new area within the United Kingdom, here are some steps you can take regarding your options, and how to discuss the proposed move with your former partner.
- It is important to remember that you don’t not need your ex’s permission to move to a new area with your children in England and Wales, even if they have parental responsibility but you do need your ex’s permission to change the child’s school so unless your ex has concerns about the new school or they have proof that the move is to make having contact with their children difficult, they can’t necessarily prevent the move as courts don’t like to restrict freedom of movement.
- Mediation. Your ex may find mediation useful to express their concerns with you about the move, such as the child moving schools or they are worried about what level of contact they’ll get with their child. Answer the questions your ex asks you truthfully and try to reassure them that they will still receive contact with their child, you could suggest that they could have regular video calls or phone calls, and explain why you believe this move is in the best interest of the child. Go in to mediation as open minded as you can and think about how your ex may be feeling.
- If you and your ex can’t agree and your ex is not giving you permission to change the child’s school, you can apply for Specific issues order which will give direction to answer a specific question about an aspect of parental responsibility. If your ex cant prove that the move is not in the best interest of the child or that the move is to restrict contact you should be able to move as long as the court sees that move will be beneficial for the child such as you’ve been offered a new job in that area and will be making more money meaning you will be more financial stable. The court doesn’t like to restrict freedom of movement.
Click here to read more about a Specific issues order.
