Child Relocation
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Child Relocation Solicitors in Burnley
If you are planning a move that would change where your child lives, child relocation solicitors can help you understand what needs to be agreed before plans are put into action. The right approach depends on where you want to move, who has parental responsibility and how the change would affect your child's relationship with their other parent.
Child relocation covers both moves within England and Wales and proposals to live permanently in another country. An international move will usually require the agreement of everyone with parental responsibility or permission from the Family Court. A move within England and Wales is treated differently, although the court may still become involved where the distance or practical consequences affect the child's existing arrangements.
A relocation case is rarely decided by the proposed destination alone. The court's focus is the child's welfare, so the reasons for the move, their home and education, the effect on important relationships and the arrangements proposed for continuing contact can all matter. A carefully considered plan can help make those issues clear from the outset.
Farnworth Rose can advise you whether you are considering relocation or responding to a proposed move. We explain the available options, identify potential issues early and discuss practical ways of addressing them. When you instruct us, the scope of our work and our fee estimate are set out clearly at the beginning, and your matter has a dedicated file handler.
Our family clients tell us that they value being kept informed, having their questions answered and dealing with people who are friendly and helpful during difficult circumstances. We bring that same approach to child relocation matters, while keeping the legal and practical issues firmly in view.
Call us today or complete the form below to speak with a member of the team.
Why Choose Farnworth Rose for Child Relocation Matters
A relocation decision can affect several parts of family life at once, so good communication with your solicitor matters. At Farnworth Rose, your matter has an identified owner and you can speak to someone who can help. We set out the scope of our work when instructions are taken and provide a clear fee estimate at the outset.
Our approach is to raise potential difficulties early rather than allow them to surface unexpectedly. Where an issue may affect your proposed move or your response to it, we explain why it matters and set out the available options so that you can make an informed decision about what happens next.
Communication is an important part of that service. Our clients tell us that they appreciate being kept informed and receiving responsive advice when questions arise. They also tell us that the team's friendly and helpful approach makes a difference when they are dealing with a difficult family situation.
Child relocation often sits within wider arrangements for where a child lives and how they spend time with each parent. We look at the whole position rather than treating the proposed move in isolation, so that any advice takes account of the arrangements that may need to work after relocation as well as the immediate decision about whether the move should take place.
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Child Relocation Matters
+ Do I need permission to relocate with my child?
Whether permission is required depends particularly on where you intend to move.
A permanent relocation to another country will usually require the written consent of everyone who has parental responsibility for the child. If the necessary consent is not given, an application can be made to the Family Court for permission to relocate.
Moving within England and Wales is different. There is not usually the same requirement to obtain permission simply because a parent wants to change address. However, that does not mean a significant move can be considered separately from the child's existing arrangements.
For example, a proposed move may affect where the child goes to school, the time they spend with the other parent or whether existing handovers remain practical. If agreement cannot be reached, the other parent may ask the court to prevent the move or determine a related question about the child's arrangements.
A proposed move to Scotland or Northern Ireland can also raise additional jurisdictional considerations. It is sensible to obtain advice before assuming that it should be treated in the same way as an ordinary move within England and Wales.
+ Agreeing child relocation without court proceedings
Where parents can reach an agreement that properly addresses the child's needs, a court application may not be necessary.
Any discussion should go beyond whether the other parent simply agrees with the destination. The practical arrangements after relocation are just as significant. That can include where the child will live, schooling, how time with the other parent can continue, travel arrangements and how important decisions will be made once the move has taken place.
For an international move in particular, written consent should be approached carefully. A clear agreement can record what has been decided and reduce the scope for misunderstandings later.
We can advise you about the legal effect of what is proposed, help identify points that still need to be resolved and communicate with the other parent or their solicitor where appropriate. If an agreement can be reached, we can also advise whether anything further should be recorded formally.
+ Applying to court for permission to relocate
Where agreement cannot be reached, the parent proposing an international relocation can ask the Family Court for permission to take the child to live abroad.
The application should explain not simply why the parent wants to move, but what the child's life is likely to look like if the relocation goes ahead. The court will consider the proposal from the child's perspective and compare it with the realistic alternatives.
The other parent has the opportunity to respond. An objection can address the effect of the proposed move on the child, any concerns about the arrangements put forward and the alternative arrangements that parent considers would better meet the child's needs.
Relocation disputes within England and Wales may come before the court through applications concerning the child's living arrangements or through a Prohibited Steps Order or Specific Issue Order. A Prohibited Steps Order can restrict a particular step concerning a child. A Specific Issue Order allows the court to decide a particular question about the exercise of parental responsibility.
Which application is appropriate depends on the existing arrangements and the issue the court is being asked to decide.
+ How does the court decide a child relocation case?
The child's welfare is the court's paramount consideration. There is no automatic right to relocate and no automatic rule that a child should remain where they currently live.
The court considers the individual child's circumstances. Relevant matters can include their wishes and feelings, taking account of their age and understanding, their physical, emotional and educational needs, the likely effect of a change in circumstances and any risk of harm.
The court can also consider each parent's ability to meet the child's needs and the practical consequences of the different options available.
In a relocation case, this means the court is likely to examine whether the proposal has been properly thought through. The reasons behind the move can be relevant, but the central question remains what arrangement best serves the child's welfare.
The impact on the parent opposing the move can also matter because of the effect that impact may have on the child. Similarly, the court can consider how refusal of the application may affect the parent seeking to relocate and, in turn, the child's day-to-day life.
The exercise is therefore broader than deciding whether a proposed destination appears suitable. The court looks at the arrangements as a whole.
+ Preparing a child relocation proposal
A strong relocation proposal gives the court and the other parent a realistic picture of the child's life after the move.
Accommodation and schooling are likely to be important. Depending on the circumstances, it may also be appropriate to address healthcare, childcare, the support available in the new location and the financial practicality of the plans.
For an overseas move, greater distance can make the arrangements for maintaining relationships particularly significant. A proposal may need to address travel, school holidays, the cost and practical organisation of journeys and ways for the child to maintain regular communication between visits.
The detail required will vary from case to case. What matters is that the proposal is realistic rather than aspirational. If an aspect of the plan is uncertain, it is usually better to identify that clearly and consider the available options than to leave a significant question unanswered.
We can help you assess a proposal before it is put to the other parent or the court, identifying the areas likely to require further evidence or clearer arrangements.
+ Maintaining contact after relocation
Relocation does not end the importance of the child's relationship with the parent who remains behind.
The arrangements may have to change substantially, particularly where regular short visits are no longer practical. A workable proposal might instead make greater use of school holidays or longer blocks of time, supported by telephone or video contact between visits.
There is no single pattern that works for every family. The child's age, schooling, distance between the two homes and the practicalities of travel can all affect what is realistic.
For international relocation, questions such as who organises travel, how costs are managed and where handovers take place may need particular attention. A court considering the move may want to understand how the proposed arrangements can operate in practice rather than simply seeing a broad commitment to maintain contact.
We can help you work through those arrangements as part of the wider relocation proposal or response.
+ What if I object to my child being relocated?
If another parent is proposing a move that you believe would not be in your child's interests, obtaining advice early can help you understand what can be done before arrangements change.
For a proposed permanent move abroad, your consent may be required if you have parental responsibility. You do not have to give consent simply because the other parent has already made plans.
For a move within England and Wales, the legal position is different, but an application to the Family Court may be available where the proposed change would significantly affect the child's arrangements. Depending on the circumstances, that may involve asking the court to prohibit the proposed step or determine where the child should live and how their time should be divided.
Your response should focus on the child rather than simply opposition to the move. The court may consider the practical effect on their education, home life, established relationships and continuing time with each parent, together with the alternatives that are realistically available.
We can advise you on the strength of the issues you want to raise, the orders that may be available and the evidence likely to assist the court.
+ Urgent relocation and removal concerns
Different considerations apply where there is a concern that a child may be taken abroad without the necessary agreement or court permission.
Depending on the circumstances, urgent Family Court orders may be available to restrict removal. Where there is a genuine and immediate concern, early legal advice can be particularly important because the appropriate steps depend on what has happened, what arrangements are already in place and where the child may be taken.
If a child has already been taken to another country without the required consent, the legal route can depend on the country involved and the circumstances of the removal. International arrangements concerning the return of children may apply in some cases.
These matters are distinct from an ordinary application for permission to relocate. We can help establish the position and advise on the legal steps that may be available.
How Farnworth Rose can help with child relocation
We can advise at the point when relocation is first being considered, before a position has become fixed. This can give you the opportunity to understand whether consent is required, what information may be useful and which practical issues should be addressed in any proposal.
Where discussions are already under way, we can help you evaluate what has been proposed and communicate with the other parent or their solicitor. If agreement can be reached, we can help make the arrangements clear.
If court proceedings become necessary, we can advise on the appropriate application or response, help you prepare your evidence and deal with the case as it progresses. We can also advise where relocation forms part of a wider dispute about where a child lives or how they spend time with each parent.
Throughout the matter, we keep the scope of our work clear, explain developments in straightforward language and raise potential issues together with the options for addressing them.
Frequently Asked Questions for Child Relocation Services
+ Can I move to another part of England with my child without the other parent's permission?
A move within England and Wales does not usually carry the same requirement for permission as a permanent relocation abroad. However, a significant move may affect existing child arrangements, schooling or the child's time with their other parent. If the parents cannot agree, the Family Court can be asked to decide the relevant issue. It is therefore sensible to seek advice before making firm arrangements where the proposed move is likely to have a substantial effect on the child's current life.
+ Can I take my child to live abroad if the other parent says no?
If the other parent has parental responsibility and does not consent to a permanent move abroad, you will usually need to ask the Family Court for permission before relocating. The court will decide the application according to the child's welfare. Your proposal should address the practical arrangements for the child's life in the new country as well as how their relationship with the other parent can continue.
+ What happens if both parents agree to the relocation?
Agreement can avoid the need for a contested court application, but it is sensible to make sure the terms are clear, particularly for an international move. The agreement may need to address the destination, anticipated date of relocation, the child's future arrangements and continuing contact with the parent who remains behind. We can advise on how the agreement should be recorded and whether any further formal step is appropriate.
+ Does my child get to decide whether they relocate?
A child's wishes and feelings can be relevant, but they do not have an automatic right to decide the outcome. The weight given to their views depends on factors including their age and level of understanding. Their wishes form part of the wider welfare assessment rather than replacing it.
+ How long does a child relocation case take?
There is no single timescale that applies to every relocation case. The position can depend on factors including whether an agreement is possible, the issues in dispute, the evidence required and the court's timetable. We can explain the likely stages once we understand the circumstances of your case and keep you informed as the matter progresses.
+ What happens to contact if relocation is permitted?
The arrangements depend on the child's circumstances and the distance involved. A move may mean that the existing pattern of contact is no longer practical, so a different arrangement may be needed. This can involve longer periods during school holidays, arrangements for travel and regular telephone or video contact. Any proposal should focus on maintaining a meaningful relationship in a way that is workable for the child.
Contact Our Child Relocation Solicitors in Burnley
A proposed relocation can change the practical shape of family life, and clear legal advice can help you understand the decisions that need to be made before a move takes place.
Our Child Relocation Solicitors are based in Nelson, near Burnley and Swinton (Manchester). We will work closely and considerately with you, whether you are proposing to relocate with your child or responding to a move proposed by their other parent. You will have a dedicated file handler, clear information about the scope and cost of our work and practical advice as your matter develops.
We assist clients with Child Law matters in Preston, Manchester, Blackburn, Rochdale and Bolton, as well as across the Pennines in Bradford, Huddersfield, Skipton, Keighley and beyond. We can also assist with family law matters across England and Wales.
To speak with one of our specialist Child Law Solicitors at Farnworth Rose, call us now on 01282 695 400 or complete the form below, and we’ll be in touch to help you take the next step with clarity and confidence.
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