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Do I have the right to move away with my children?

The NRP does have the option of legal action.

  • Can my ex stop me from moving away with my children?

    Where possible, it is best to try to come to an agreement together before moving away as this avoids the need to go to court and the potential upset this can cause.

    You can reach an agreement without the assistance of a divorce lawyer. However, this will not be legally binding or enforceable. If you and your ex-partner are on good terms, they may agree to the move and you could compromise on areas such as the below:

    • The location you wish to move to
    • Assistance that you could give them for them to visit
    • A commitment for you to bring the child to them on a regular basis
    • Them moving closer to where you move
    • Or, any other terms that may be relevant to you.

    However, the relocation of children, especially abroad, will inevitably have a huge impact on the contact that one parent will have with their children and so an agreement between the parties is not always possible. This is more likely if you parted on bad terms.

  • Can my ex stop me from moving through the courts?

    If an agreement cannot be reached, then an application to the court will be necessary to obtain approval to relocate with the children. Alternatively, the parent that is opposing the move can make an application to the court to prevent the relocation.

    The likely outcome of the court application depends on multiple factors. As such, it is vital that at this point you seek out legal assistance. Contact Stowe Family Law’s divorce lawyers for more information.

  • Case law

    Historically, there has been a notable reluctance from the NRP to challenge the PC regarding the relocation of their children in the belief that an application would be fruitless and that the courts favour the PC.

    At this time, the courts placed a lot of emphasis on the impact on the parent wishing to relocate if the application was rejected, this was one of the points of consideration under the leading case at the time of Payne v Payne [2001].

    However, more recent case law indicates that times have changed.

    The leading case law in this area is now K v K [2011] and Re F [2013] and the paramount principle is the welfare of the child. There is guidance set out within these cases and also Payne v Payne, but they are not applied rigidly, and they are merely factors that are weighed by the court in ascertaining what the best interests of the child are. They can include the impact of a refusal on the applicant parent, the effect on the child due to the reduction of contact with the remaining parent and the impact on the remaining parent.

    Relocation cases can be very challenging for all parties involved. Taking a child away from one parent is not a decision that should be taken lightly, and the welfare of any children must be paramount.

Can I move 2 hours away with my child?

There is no set distance over which you cannot move, and under which you are allowed to move. Provided that you stay within England and Wales, the legal basis of the courts allowing or preventing your move remain the same.

Rather, the considerations are still the impact of a refusal on the parent wishing to relocate and the best interests of the child.

Find a divorce lawyer near me with Stowe

Are you asking the question, “can I move away with my child”? Or, do you need advice on preventing your partner moving away with your child?

Then make a confidential enquiry to our client care team here who will put you in touch with a specialist family lawyer.

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