One common concern for separated parents is what happens if one parent wants to move to a new area – or even to a new country – with a child from their previous relationship. Can an ex-partner prevent this? The short answer is: potentially, yes they can. In the UK, relocating with children after divorce is a sensitive legal matter, and there are some important steps you need to follow if you’re thinking about it.
If you’re the child’s primary carer and wish to move out of your local area, whether for a new job, family support or just a fresh start, it’s understandable to want your child to move with you. However, if the other parent also has parental responsibility, you’ll need either their consent or the court’s permission to relocate with the child.
Relocating without the agreement of everyone who holds parental responsibility can be seen as child abduction under UK law – even if you’re the parent the child lives with most of the time. However, every situation is different, and this is why it’s important to consult reputable family solicitors if relocating with children is something you’re thinking about.
What is a Prohibited Steps Order?
A Prohibited Steps Order (PSO) is a legal order that can stop one parent from taking specific actions regarding the child’s upbringing without the other’s agreement. This includes relocating to a new area, changing schools or even taking the child on an extended holiday abroad.
If your ex-partner believes that a move would not be in the child’s best interests, they can apply for a PSO through the family court. If granted, it would legally prevent the child from relocating until a full hearing can determine what arrangement is in the best interests of the child.
If relocation is contested, the court will carefully consider:
- The reason for the move
- The potential impact on the child’s relationship with both parents
- The practical arrangements for contact with the child post-move
- The child’s wishes and feelings, depending on their age and understanding
- The overall benefits and drawbacks of the relocation
If the court believes the move will significantly disrupt the child’s life or their relationship with the other parent, permission may be denied.
If you are considering moving but your ex-partner will not agree to the move, you can make an application for a Specific Issue Order which is where you proactively seek the court’s permission for a specific action. It is almost always better to seek all parties permission who have parental responsibility or a court order before relocating.
What about moving abroad with children after divorce?
International relocation is even more complex than moving to a new part of the same country. The court will apply greater scrutiny due to the challenges around maintaining contact between the child and the parent left behind. A detailed plan will be required, including proposals for schooling, accommodation, finances and ongoing contact with the other parent.
Getting legal advice after divorce
Whether you’re hoping to relocate with your child or are concerned that your ex-partner might do so without your agreement, it’s crucial to seek legal advice from solicitors that specialise in family law. They can help you understand your rights and responsibilities as a parent after divorce, negotiate agreements with your ex, apply for court orders, or oppose Prohibited Steps Orders and even represent you in court if needed. Ultimately, working with an experienced divorce solicitor ensures your voice is heard and your child’s best interests are protected every step of the way.
For legal advice you can trust, contact the family law experts at Amicus Law today.