If you are thinking about moving away with the children to somewhere else within the UK, you will need to consider how the children will be impacted by that move and how they will be able to maintain a relationship with the other parent. Your ex cannot stop you from moving away as long as the children will not be negatively impacted by the move and you are still able to facilitate arrangements for them to see the other parent, if an arrangement for this exists between you.
Moving within the UK
If you want to move to an area local to the other parent and it is not going to impact the existing arrangements for the children to spend time with them, your ex cannot stop you from doing this. It is not for your ex partner to decide whether or not you can move if it has no bearing on the children’s ability to spend time with your ex.
If you are looking to move further away and you know this is likely to have a significant impact on the children’s ability to see the other parent, you should have a plan in place for how their relationship with the children can be maintained and discuss this with the other parent first. This is particularly important as it may be that your move impacts which school the children attend and any decisions made regarding their education should be agreed jointly between you.
If you have thought everything through and believe what you are doing is in the best interests of the children, your ex still cannot stop you from moving. However, they are still able to apply to Court for a Prohibited Steps Order to prevent you from going if the disagree with your decision.
Moving outside the UK
If your ex has parental responsibility for the children, you will need their consent in order to move abroad with the children. This is a big decision to make and as with all big decisions involving children, these need to be jointly agreed with the other parent. You will need to consider the impact that moving abroad will have on the children and how it will affect any arrangements in place for them to spend time with the other parent. As with moving within the UK, if the other parent does not agree with your decision they can apply to court for a Prohibited Steps Order to stop you from moving, or alternatively, a Specific Issue Order for the children’s immediate return if you have already left. Equally, you could make an application for a Specific Issue Order allowing you to leave move abroad with the children which, if successful, means the other parent cannot stop you from going.
The best interests of the children will be the Court’s paramount consideration when determining whether you should be prevented from moving abroad/if the children should be immediately returned to the UK, which is why it is vital to fully consider all the factors that may affect the children before you make any decisions as you will need to be able to justify your decision.
