Legal News

Following separation, parents often face challenging decisions, including where their children will reside and with whom. In certain instances, parents may also be confronted with the prospect of their child or children relocating, internally or externally.

What is internal and external relocation?

Internal relocation refers to a parent's decision to a different part of the UK with their child, while external relocation involves a move abroad. Despite the geographic distinction, the fundamental legal approach to deciding where the child will live remains the same: prioritising the child's best interests.

What is the legal approach to relocation?

The legal framework that the court considers when determining whether an application for relocation will be granted was set out in Payne v Payne (2001) EWCA Civ 166. Here, the court affirmed that where a parent seeks to relocate their child, there shall be no presumption in favour of the applicant parent. The welfare of the child is the paramount objective in relocation matters and should be the primary factor in deciding whether a relocation application will be granted.

How does the court decide whether to grant a relocation application?

When the court decides whether or not to grant an application for relocation, there are key factors that must be considered with great care. It should be assessed whether the motivation to move abroad is genuine i.e. not to stop contact between the child and the non-resident parent. The Court can look at whether realistic and practical steps have been taken which are focused on research and investigation. The Court can also consider the motives of the parent who is opposing the application and the reasons as to why they are opposing. It is important to determine whether the parent is opposing because they have genuine concerns about the relocation, or whether they are simply using the opportunity to take out their frustration on the other parent. The Court will also assess the potential impact on the child and the parent making the application if it was refused.

While the factors outlined above serve as guiding principles, every case is unique and requires individual assessment. Judges may consider additional factors based on the specific circumstances.

Duncan Lewis Solicitors can provide expert advice on internal and external relocation. Whether you are seeking to make an application to move with your child, or contest a relocation application made by the other parent, our family law specialists can help.

Duncan Lewis’ Family and Child Care department is ranked by The Legal 500 and Chambers and Partners legal directories for our family and matrimonial work nationwide. The Family team is experience in assisting high net worth individuals in divorce matters with specialist divorce solicitors with expertise in domestic abuse, adoption, child abduction, prohibitive steps orders, specific issues orders, injunctions, spousal and child maintenance, properties, pensions and freezing injunctions. Our team includes solicitors who have achieved the Law Society’s Children Law and Family Law Advanced accreditations providing advocacy in all court proceedings, ensuring our clients receive a consistent and professional service as well as a high degree of continuity.

For advice or assistance contact Sophie Rayment at SophieR@duncanlewis.com or via telephone at 02070147388.

Duncan Lewis Solicitors

Duncan Lewis Solicitors, an award-winning national law firm, is renowned for its exceptional legal services and commitment to justice. The company employs a team of highly skilled solicitors offering top-tier representation in 25 fields of law, and ranked as a leading firm by the Chambers and the Legal 500 legal guides, and is recognised as one of the Top 250 Law Firms in the country by the Times. Duncan Lewis was crowned Law Firm of the Year at the LexisNexis awards 2024, further establishing its credentials as one of the leading law firms in the UK.