Legal guidance regarding relocation of children here and abroad
Separated parents often decide between themselves what is in the best interests of their children over the long term to ensure a meaningful relationship between each adult and each child. In a perfect world, co-parenting should be assumed to enhance a child’s welfare.
Therefore, when the law is applied to adjudicate a difference of opinion between the parents regarding relocation of the child or children either in the UK or abroad, there is naturally going to be more than one option to consider.
It is settled law that the welfare of a child is paramount. In cases of this particular nature, a ‘proportionality cross-check evaluation’ of the impact on the child’s welfare and their relationship with each parent will be needed, due to the prospect of severance of contact between the absent parent and the child, balanced with whatever advantages may be afforded to the child by relocation.
This approach is gauged rigorously by law against settled statutory principles contained in the Children Act 1989 known as the Welfare Checklist.
This gauge is in turn balanced against the specific facts of the family dynamic and how those specific facts in turn may affect the child’s welfare either positively or negatively.
The following helps you get a good idea of the tests applied by law to evaluate your specific circumstances before deciding in the best interests of the child.
- Is this a genuine request to relocate either in the UK or abroad? Or one made to specifically exclude the other parent?
- Is the proposed move practical financially, educationally, and in the interests of the general welfare of the child’s health?
- What is the impact on either parent/child relationship given the options available?
- Is a parent opposing relocation a motive for enabling the exertion of control over the child and the other parent?
- What is the potential impact of the loss of an important parental relationship and the risk of harm that would entail on the child?
- Which course of action best meets the need to afford paramount consideration to the child’s welfare?
A holistic approach is taken to consider the child’s welfare requirements as a whole, which is paramount, considering detailed analysis of the circumstances as they relate to the statutory welfare checklist and to the particular circumstances of your family dynamic.
Contact us to discuss your concerns and how the law applies to your situation. There are alternatives to court too, that we can explore, and we offer a free initial half-hour chat with one of our experts to get you started.