Case Study: Children relocation

Louise is 38, based in Bristol and a paediatrician in the NHS. She has recently separated from her husband, Adam.  Louise and Adam have agreed a shared care arrangement for their daughter, Olivia. Both Louise and Adam work long hours but they manage Olivia’s schedule with the help of Adam’s family who are based locally.  

Following the separation, Louise has been considering moving back to Newcastle for some time where her family are based. She has now been offered a job at the Royal Victoria Infirmary in Newcastle which would involve more stable hours. She would like to accept the job and relocate to Newcastle with Olivia. Louise has made enquiries re schools and a top ranked primary school within the area Louise intends to move to have offered Olivia a place.  

Louise understands the relocation will impact how often Adam sees Olivia but believes the move would be in Olivia’s best interests overall due to the family support network based in Newcastle.  

Strictly, Louise does not need Adam’s permission to relocate within the U.K. in the same way that she would if she wished to relocate overseas but as this move would require Olivia to change schools then Adam’s permission will be needed.

Louise should approach Adam in the first instance and seek his consent setting out her reasons for why she believes this move to be in Olivia’s best interests. If Adam does not give his consent then Louise will need to make an application to Court. This application will be for a Specific Issue Order under the Children Act 1989 to determine Olivia’s school and therefore where she will live.  

How will the Court make a decision?  Olivia’s welfare will be the Court’s primary consideration and the Court will take into account a welfare checklist set out in the Children Act 1989. The relevant factors include:

• Olivia’s ascertainable wishes and feelings (considered in the light of her age and understanding)
• Olivia’s physical, emotional and educational needs
• the likely effect upon her of the change in circumstances
• her age, sex, background and any other relevant characteristics
• the capability of Louise and Adam to meet her needs.

The Court will consider whether Louise has genuine reasons for the move i.e. it is not motivated by a desire to exclude Adam from Olivia’s life but based upon practical considerations.

Equally, the Court will consider whether Adam’s resistance is motivated by a genuine concern for Olivia’s welfare or whether it is driven by ulterior motives.

It is important to note that the Court would not favour Louise just because she is the one who has made the application. The Court will consider the impact on Louise’s life if permission is refused and the proposed arrangements for Adam to maintain his relationship with Olivia.

Ultimately, a Judge will decide what is in Olivia’s best interests which is a delicate balancing exercise of weighing up all the relevant factors.

If you are wishing to relocate within the U.K. or your co-parent has expressed a desire to move and you would like to understand your position then please do not hesitate to get in touch to see how we might be able to assist you.

Elena is 33, originally from Germany and based in London.  She works for the Red Cross and has recently separated from her husband, Rohan.  Elena and Rohan have agreed a shared care arrangement for their son, Noah.  

Elena has been offered a promotion at the Red Cross headquarters in Geneva.  She is excited about this opportunity and would like to accept the job and relocate to Switzerland with Noah.  Elena has always wanted Noah to build a relationship with his grandparents but this has been difficult to facilitate given they are based in Germany.  

Elena understands the relocation will impact how often Rohan sees Noah but believes Switzerland would offer Noah a better lifestyle including the opportunity to spend more time with his maternal grandparents.  

Elena would require Rohan’s consent – preferably in writing – to relocate overseas.  Elena should approach Rohan in the first instance and seek his permission setting out her reasons for why she believes this move to be in Noah’s best interests.  If Rohan does not give his consent then Elena will need to make an application to Court.  This application will be a Leave to Remove application under the Children Act 1989 to determine where Noah should live.  

How will the Court make a decision?  Noah’s welfare will be the Court’s primary consideration and the Court will take into account a welfare checklist set out in the Children Act 1989.  The relevant factors include:

• Noah’s ascertainable wishes and feelings (considered in the light of his age and understanding)
• Noah’s physical, emotional and educational needs
• the likely effect upon him of the change in circumstances
• his age, sex, background and any other relevant characteristics
• the capability of Elena and Rohan to meet his needs.

The Court will consider whether Elena has genuine reasons for the move i.e. it is not motivated by a desire to exclude Rohan from Noah’s life but based upon practical considerations.

Equally, the Court will consider whether Rohan’s resistance is motivated by a genuine concern for Noah’s welfare or whether it is driven by ulterior motives.

It is important to note that the Court would not favour Elena just because she is the one who has made the application.  The Court will consider the impact on Elena’s life if permission is refused and the proposed arrangements for Rohan to maintain his relationship with Noah.  The Court will need to see a detailed plan for contact arrangements to include opportunities in the school year where Rohan could visit Switzerland or Noah could come to the U.K. as well as the associated travel costs involved.

Because of their binary nature – a child can only be based in one country for schooling – these disputes can be highly emotional for both parents involved.  Ultimately, a Judge will decide what is in Noah’s best interests which is a delicate balancing exercise weighing up all the relevant factors.

If you are considering relocating overseas or your co-parent has expressed a desire to move and you would like to understand your position then please do not hesitate to get in touch to see how we might be able to assist you.

If you are considering relocating overseas or your co-parent has expressed a desire to move and you would like to understand your position then please do not hesitate to get in touch to see how we might be able to assist you.