Relocation on Divorce: What You Need to Know

Divorce can be a challenging phase in life, and when it involves relocation, the legal process can become even more complex. If you are considering relocating with your child post-divorce in England and Wales, it’s important to understand the legal landscape to ensure the process goes smoothly.

Understanding Relocation

Relocation refers to the process where one parent wishes to move to a different location with their child, which can significantly affect existing custody arrangements. This relocation could be domestic or international.

Legal Framework

In England and Wales, the court’s primary concern is the welfare of the child. Any relocation request is carefully assessed to ensure it serves the child’s best interests. Typically, the parent wishing to relocate must obtain consent from the other parent or seek permission from the court if the other parent disagrees.

Factors Considered by the Court

– Child’s Welfare: The court examines how the move will impact the child’s emotional, educational, and social needs.

– Parental Involvement: The ability for the child to maintain a relationship with both parents.

– Reasons for Relocation: The motivations behind the move, whether for better job opportunities, family support or a fresh start.

– Impact on Standard of Living: How the relocation will contribute to or detract from the quality of life for the child.

Practical Steps for Parents

– Communication: Ideally, reach a mutual agreement with the other parent about the relocation to avoid legal conflicts.

– Legal Advice: Consult with us to understand your rights and obligations.

– Document the Benefits: Be prepared to demonstrate how the relocation benefits the child’s welfare.

– Prepare for Mediation: Before proceeding to court it is usually a requirement that parties attend a Mediation Information Assessment Meeting (MIAM) designed to provide them with information about the advantages and disadvantages of the process. A particular advantage is the chance to resolve disputes amicably and it is common for parties to engage in the Mediation process fully before proceedings to court particularly in disputes relating to children.

Challenges in Relocation Cases

Relocation can strain the relationship between the parents and create logistical challenges, such as modifying visitation schedules and maintaining relationships across distances. The legal process can be emotionally taxing and lengthy, necessitating patience and cooperation.

Conclusion

Relocation after a divorce requires careful consideration and planning. By understanding your legal rights and focusing on the best interests of your child, you can navigate this process more effectively. Always seek legal advice to guide you through the complexities of family law in England and Wales.

This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on the 5th March  2025 and is correct at the time of publication. With decades of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. He is widely regarded as one of London’s leading divorce lawyers. His profile on the independent Review Solicitor website can be found Here