Can I Block my Ex-Wife From Moving Away With my Children?

Just when you think you have come to terms with your separation and divorce, your ex announces that they plan to move away with your children. A move of a couple of hours from London can make previously negotiated shared parenting impossible.

In this blog, our Family Law Solicitors look at your rights if your former partner tells you they are moving out of the area with your children.

Contact OTS Solicitors.

Legal advice on children relocating when you are a separated parent

There are many reasons why one parent may want to move after a separation or divorce. It can be particularly galling if one parent decides to move away after negotiating a financial settlement based on the parent remaining in the former family home with the children.

The children law legal advice you need depends on whether:

1. Your ex is relocating within England and Wales, or
2. Your ex is planning to take your children abroad to live.

In either scenario, it's best to take specialist family law legal advice as soon as you find out about the plans, as you may be able to stop the move.

Children moving home after a separation or divorce

As Family Lawyers, we understand a parent's frustration when they are told that their ex, and therefore their children, are moving. It is often presented as a ‘done deal’ that a parent must accept.

Common reasons given for a home move within England for children with divorced parents include:

1. Your ex-partner’s ability to move out of central London because they work from home or only commute into the office once or twice a week.
2. A bigger house or a safer area for the children to grow up in if the family moves out of central London to the suburbs.
3. Relocating to be closer to family, such as the children's grandparents, either because of the cost of paid childcare in London or ageing grandparents who need help.
4. Better schooling in a new area, especially if your child has special educational needs that are not being met in their current school.
5. New partner who has a home outside of London.
6. They or their current partner has a job promotion necessitating a house move.
7. Lifestyle changes, such as a dream move to the beaches of Devon or Cornwall.

Parental rights and moving with children within England after a separation

Some parents believe a mother has the right to move with her children, while others believe the parent who is the child's primary carer has the right to move wherever they want in England with their children.

Most parents have parental responsibility for their child. If parental responsibility is shared between two parents, the child’s mother or the primary carer (if different) does not have greater rights than any other person with parental responsibility. If there is an aspect of parenting that those with parental responsibility cannot agree on, either parent can ask the court to make:

1. A child arrangement order.
2. A specific issue order.
3. A prohibited steps order.

A parent can ask the court to make a child arrangement order in their favour, so their child moves to live with them and stays in London rather than moving with the other parent to Devon. Alternatively, the parent can ask the court to make a prohibited steps order prohibiting the other parent from taking the child out of the Greater London area or the South East to live. Whilst the court cannot restrict a parent’s choice of where they live, the prohibited steps order would prevent them from relocating with their child.

Resolving disputes over relocating with children within England

Ideally, parents should discuss planned relocations and agree on them through:

1. Direct discussions.
2. Solicitor negotiations.
3. Family mediation.

If parents cannot reach an agreement, either parent can ask the court to make a child arrangement order or a prohibited steps order.

If an agreement over relocation is reached, it's important to:

1. Apply to the court to change the terms of an existing child arrangement order.
2. Amend your parenting plan.
3. Consider all the implications of the children moving within England.

 Parenting plans and children moving within England

It is important to agree on a parenting plan, or amend your existing one, if you are negotiating children relocating within England.

The parenting plan should cover:

1. Changes to the contact arrangements following the move. For example, agreeing to additional holiday contact because midweek contact will stop, and weekend contact will be reduced.
2. How contact will be maintained with extended family, such as grandparents who may be unable to travel long distances.
3. Who will be responsible for transporting the children for contact, and if travel will be shared, or if there will be a halfway collection and drop-off point.
4. The agreement on the frequency of mobile phone contact, FaceTime, or social media messaging.
5. How any change in schooling will be managed, and whether both parents will have input into the choice of the new school.
6. Whether child support will be affected by the move and the change in contact arrangements.

There may be additional considerations to cover in the plan. For example, if your child has health issues and is under the care of a hospital, you may no longer be able to attend appointments and want assurances about the provision of health information.

Starting court proceedings to block your ex from moving with your child within England

Guidelines say you must try to reach an agreement outside of court (alternative dispute resolution) before you ask the court to make a child arrangement order, prohibited steps order or specific issue order.  In some situations, you may need an urgent order and may therefore need to make a court application before attempting alternative dispute resolution.

An example of where you may need an urgent prohibited steps order is where your ex-partner has announced they are moving from London to Liverpool next week, and you oppose the move because your child will lose their place at a school with an excellent OFSTED rating.

Whether you are applying for a child arrangement order (so your child lives with you rather than moves to a new area with their other parent) or asking the court to make a specific issue order or prohibited steps order, the court procedure is similar. In each application, the court will put your child’s best interests at the heart of its decision-making process.

Assessing what order is in your child’s best interests can be complicated. The court will consider the welfare checklist in Section 1 of the Children Act 1989 when making its decision:

1. The ascertainable wishes and feelings of your child, considered in the light of their age and understanding.
2. Your child’s physical, emotional and educational needs.
3. The likely effect on your child of any change in their circumstances.
4. Your child’s age, sex, background and any characteristics which the court considers relevant.
5. Any harm which your child has suffered or is at risk of suffering.
6. How capable each parent is of meeting your child’s needs.
7. The range of powers available to the court.

The court will balance each factor. For example, a change of residence and your child moving to live with you under a child arrangement order will provide your child with educational stability, as they won't need to change school, but your child may find a change of residence and a change in primary carer more emotionally challenging than a house move. The court will also consider the reasons behind the planned move, such as a requirement to relocate for a job rather than face redundancy, or a lifestyle move from city to country and how a refusal may leave a parent deeply unhappy and affect their parenting.

Talk to OTS Solicitors

Our Child Custody Solicitors in London will make sure you get the specialist legal advice you need on whether you can block your child from moving with your ex to another part of England. If you decide to apply to the court to block the move, our Family Law Solicitors will ensure that your application and statement advocate your case from your child’s perspective. Instead of focusing on you and how you will feel if you can't see your child every week, we will explain to the judge how a move will affect your child and their life. That approach involves learning about your child’s schedule and interests, and explaining why their best interests are served by staying in the area.

Contact OTS Solicitors Today for Expert Family Law Advice.

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