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

For separated parents, life decisions moving forward can be complex and difficult, especially if one parent wants to move away.

If you are facing this situation, where do you stand legally? Does your ex-partner have the right to stop you? Is there a limit to how far you can move away, or even a limit to whether you can move at all?

If the children live with one parent (the “primary carer”)  and spend time with the other parent, it is often assumed that should the primary carer wish to relocate, then the children will be relocating with them and that this cannot be challenged.

However, this is not the case.

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 family solicitor, although any voluntary agreement is not legally binding or enforceable if either parent changes their mind.  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 children to them on a regular basis.

• Them moving closer to where you move.

However, the relocation of children, especially abroad, will inevitably have an 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.

If agreement cannot be reached, an application to the court may 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 many factors with the children’s welfare being at the forefront of any decision made by the court.

The family team at Leeds Day LLP regularly provide advice and assistance to separated parents in helping them reach an agreed solution over children arrangements (including relocation), or where there is not possible, via a court application. 

For more information, visit: www.leedsday.co.uk/family. To make an appointment to see a member of the team contact 0333 577 2250 or complete the contact enquiries form on the website: www.leedsday.co.uk/contact.