It has been a tough two years for the economy with employment now at an 8% or 2.5 million high. As jobs are becoming thinner on the ground, more and more people are chasing employment opportunities where they can. This can mean relocating to other areas of the UK or even a new life abroad. For those with no children this presents its own logistical challenges, but for those separated parents with the day-to-day care of children to think of it will often create a major hurdle. This hurdle is not, however, insurmountable provided that full and proper consideration is given to all aspects of the proposed move and the impact that this will have on the child.
If a new job is on the horizon then those plans need to be fully discussed and agreed with the other parent as a first step. Even though, in a strict legal sense, such agreement is not required for a move from, say, Knaresborough to Knutsford, the practicalities are likely to mean that the nature of the relationship with the other parent and the children will change significantly. This needs to be explored fully so that the disruption to the relationship is minimised. Plans to move without that agreement can lead to an emergency application to the Court for a prohibitive order to stop the move going ahead, damaged relationships and plans in disarray.
If the move is more ‘Harrogate to Hamburg’ then specific agreement to the move will be needed from the other parent. Even if that parent does not share, what we legally term, ‘Parental Responsibility’ it is always wise to seek and obtain written agreement to the move. If that agreement is not forthcoming, an application will have to be made to the Court for permission to move the child away from the UK jurisdiction. That permission from Court will depend heavily upon the motivation for the move and what care and thought has been put into it. A flight of fancy or lifelong ambition to join a travelling circus is unlikely to be met with a great deal of sympathy from a judge. A detailed and practical plan is required and this will need to deal not only with where the children will live but also how they will be financially supported, schooled and provided for medically. The final crucial piece of the jigsaw will be how contact will be maintained with the other parent, including how the costs of such arrangements will be met. The Court will not grant permission without it.
As we become a more mobile society these cases are becoming more commonplace and the general decisions coming out of the courts are that, if all of the practical boxes are ticked and proper and fair provision is made for contact, permission will generally be granted.
Sarah Minors is a solicitor in the Family Unit and specialises in family, children, ancillary relief and domestic violence. She is a member of the Law Society Family Panel. To contact Raworths telephone 01423 566666 or visit our offices at Eton House, 89 Station Parade, Harrogate, HG1 1HF. Alternatively, you can email Sarah - sarah.minors@raworths.co.uk
