Consent of the other parent required to relocate within the UK

When considering relocating your children, both an internal relocation (within England and Wales) and external relocation (from England and Wales to other parts of the UK) requires the consent of the other party.

Internal relocation cases, just like external relocation cases, are governed by the welfare principle. The children's welfare is the paramount consideration in accordance with S 1(1) of the Children Act 1989 and, with the assistance of the welfare checklist, all the relevant factors are weighed in the balance with the objective of determining which of the available options best meets the child’s welfare.

Likewise, the other parent needs to consent to any changes in school, including school admissions. If this is not agreed, a unilateral decision should not be taken by one parent. Instead, it will need to be determined by the court.

An agreement can be reached without the need for court intervention, which is always the preferred option and least hostile. However, if an agreement cannot be reached, then ultimately a parent needs to issue an application for court intervention.

If you are the parent who does not consent, then sometimes urgent orders are required to prevent the relocation, which can often be imminent. In these circumstances, you should seek urgent legal advice to prevent the removal of the children at first instance and until their best interests have been determined either way.

Some things to consider before seeking advice and making an application include:

• housing in the new location;
• existing ties, family, friends in the new location;
• quality of healthcare;
• the locating parent’s employment prospects and financial considerations;
• the quality of education for the child and the ease of entering a new education system;
• stability;
• transport links;
• any new relationships of relevance;
• what about the parent left behind;
• the effect on the locating parent of a refusal of permission;
• the child’s wishes and feelings;
• could the other parent relocate?
• The impact on the children and the relationship with the parent / family left behind.

Whilst relocation can be a very difficult decision, it is a complex balancing act and legal advice should be sought. For advice tailored to your situation, contact Harrowells specialist Family Law Team.