Moving children abroad or to another part of the country

It is becoming increasingly common for a separated or divorced parent who looks after children to want to move to another part of the country, if not abroad.

Understandably, the other parent is very concerned about his or her contact with the children being reduced and their having less opportunity of taking any active part in their children's upbringing.

Where one party objects to the other parent moving away, an application must be made to the court.

As with all cases involving children, the court's approach is that the welfare of the children is always paramount. As far as the courts are concerned, a request to move the children will not be granted simply on the basis that one parent wants to move away.

The parent who wishes to move away must present proposals as to where they intend to move and the arrangements that they have made or will make for this move. These should include plans regarding where they will live, whether they have a job, where the children are to go to school, whether the schools are suitable and also, the proposals for contact with the other parent.

The court looks at these proposals very carefully, taking particular care to ensure that the reason the party wishes to move away is not designed to bring contact to an end.

There is a lot at stake for the children and for both parents. The court needs to consider the effect on both parents of granting or refusing the application. Particular attention is given to the effect on the children - especially if they are to move abroad and thus have their contact with one parent significantly reduced.

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