Moving with Children within The UK

Our team has considerable experience in advising clients who wish to move with their children to a different part of the UK.  

In some situations, given the geography  of the UK, the impact on the ‘left behind parent’ in terms of his or her future contact and relationship with the child, may have great repercussions than a move to another foreign city which may in fact be closer in distance or easier in terms of travel (e.g. London to Paris).

The law as to relocating within this country has become more in line with applications to relocate outside England and Wales, in that the plans need to be well thought out and reasonable with proper consideration as to the future contact with the ‘left behind parent’.

However, unlike the position if one parent with parental responsibility moves abroad without the other parent’s consent it is not a criminal offence to move to a different part of the UK. So parents regularly seek our advice on whether they need to notify the other parent and seek his or her consent or whether they can move straightaway.

How we advise will depend on the particular facts of the client’s case. Our advice will always be child centred, focused on what is in the child’s best interests (which reflects the approach of the court).  That is based on the presumption that it is usually better for a child to have regular contact with both parents who should be involved in the major decisions in the child’s life. So in most cases it will be better to seek the other parent’s consent and, if that other parent does not agree to a move, a court application may be necessary near the family home to obtain the court’s consent to a move. However, in some circumstances, (e.g. the primary carer is in an abusive relationship and wants to return to the security of her extended family) the client may decide, , that it is best to move away and if necessary, once they move,  consider making applications in the court where the carer plans to reside.

These are difficult decisions with long term repercussions but we will work with you to consider all the options to enable you to make the best decision for you and your child.

Recent example of work

  • We intervened on a recent Court of Appeal case, Re R [2016] EWCA Civ 1016, on behalf of the International centre for Family Policy and Practice where the mother in the case had removed her 1 year old child from Devon to Newcastle. On behalf off the Centre, we made submissions focusing on the research available dealing with child welfare and the impact on children of internal relocation and abduction. 

WHAT IS SAID ABOUT US

"It's a team that has a great breadth of experience across the board and particularly in international cases."

Chambers UK, A Client's Guide to the UK Legal Profession

"I always think of them as having a Rolls-Royce service but they are particularly good when there's a European element to the case."

Chambers UK, A Client's Guide to the UK Legal Profession

"Very strong litigation practice, with some of the best up-and-coming stars of tomorrow"

Legal 500 UK

"A standout firm"

Legal 500 UK

"Professional yet sympathetic manner and the team always fights hard to defend your interests"

Chambers UK, A Client's Guide to the UK Legal Profession

 

If you require further information or advice from our team of specialist family lawyers, please contact a member of our team or call us on +44 (0)20 7814 1200.

"They made a very difficult time much easier to deal with. Their professionalism kept me sane and focused on the outcome I needed"

Client

"It's a team that has a great breadth of experience across the board and particularly in international cases"

Chambers UK, A Client's Guide to the UK Legal Profession

"All have been excellent and have shown great diligence and practicality, along with sensitivity during a very difficult time in my life"

Client

"Rolls-Royce service and particularly good when there's a European element to the case"

Chambers UK, A Client's Guide to the UK Legal Profession

"A standout firm"

Legal 500 UK

"Professional yet sympathetic manner and the team always fights hard to defend your interests"

Chambers UK, A Client's Guide to the UK Legal Profession

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+44 (0)20 7814 1200

enquiries@kingsleynapley.co.uk

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