How to Apply for a Child Relocation Order
As specialist UK Immigration Lawyers, we have clients from across the globe living in England with their partners and children. Sadly, the dream of living in what we think is the best place in the world doesn’t always work out and our expert Family Law Solicitors are asked for advice on how to apply for a relocation order.
Speak to London Family Law Solicitors now for relocation order advice.
Appointments are available at our offices in London or by phone or online via Zoom or Team meetings.
Action before applying for a relocation order
Applying for a relocation order is a major step, so it's best to speak to a Family Lawyer before you tell your former partner that you plan to move out of the UK with your child. It helps to know what you will need to do to secure a relocation order and the timescales so you can get ready.
If you are not a British citizen and you are in the UK on a visa or with Indefinite Leave to Remain you also need immigration legal advice from our UK Immigration Lawyers on the impact of your relocation with your child on your immigration status and ability to return to live in the UK, should you choose to do so.
Some parents with Indefinite Leave to Remain don’t think they need immigration legal advice because their immigration status is indefinite. However, if you are settled in the UK with ILR, you will have to apply for a Return Visa if you are absent from the UK for two or more years. Depending on your circumstances, you may not qualify for a Return Visa, so it’s important to understand the immigration rules and the long-term impact of deciding to leave the UK with your child after a separation or divorce.
If you are a parent in the UK on a Spouse Visa, you may know that if your relationship ends, your Spouse Visa will be curtailed, meaning you will either need to leave the UK or switch visas. That knowledge may have prompted your decision to apply for a relocation order so your child can accompany you overseas. However, a London Immigration Lawyer can advise you on:
- Alternative visas to a Spouse Visa so you can stay in the UK with your child and eventually apply to settle in the UK
- Applying for Indefinite Leave to Remain if you have split up from your partner because of their domestic abuse. The immigration rules and special concessions allow you to apply to settle in the UK even though you may not meet the five-year residence requirement
At OTS Solicitors, we ensure that you get joined up family and immigration law advice so you can work out your best family law and visa options. That might be to return to your home country with your child through applying for a relocation order, but you will have been able to make an informed choice. For example, you may be planning to return to your home country with your child on financial grounds because you do not realise you could start no-fault divorce proceedings in England and ask the English court to make a financial court order so you can stay in the family home or receive spousal maintenance and child support so you can rent a home.
Questions before applying for a relocation order
Our Relocation Order Lawyers will ask you some questions before starting court proceedings, including:
- Reasons for relocation overseas – there are many reasons why a parent may choose to move overseas with their child without the other parent. For example, a great job opportunity in the US, a new partner who lives in Spain, a desire after a difficult separation to start afresh or a conviction that you want to return to your home country or country of heritage after a separation or divorce, perhaps to receive the support of family or friends
- The plan – you need a plan before you speak to your ex-partner or apply to court for a relocation order. Many parents say they want to move overseas and their ex-partner immediately rubbishes the idea. After a parent has said no to their child moving overseas, the parent may find it hard to be seen to weaken and change their mind. Having a plan in place with information about housing options, quality of schooling, how you will manage financially and child contact can help you obtain the consent of your ex-partner or at least make them willing to enter into a dialogue with you
- Jurisdiction- is your child habitually resident in the UK? If your child isn't habitually resident, you don’t need a relocation order. However, a child can be habitually resident in the UK if they are not a British citizen and living in the UK on a Dependant Visa. Our family law experts will explain how the complex definition of habitual residence applies to your circumstances
- Immigration status – if you are not a British citizen, you may not have the right to remain in the UK, but your child may do so. Advice on your immigration status and that of your child and information on your options may affect your decision to apply for a relocation order or the timing of your application
- Consent – if your estranged husband or wife agrees that it is in the best interests of your child to move abroad, then you don’t need a relocation order. Our Family Law Solicitors are experienced in negotiating agreements to relocate overseas and obtaining written consent. This is likely to involve negotiation on contact between the UK-based parent and child to include Facetime contact and direct contact. These negotiations can be tricky depending on whether your home country or the country you are planning to relocate to is a long-haul flight away or if your relocation would mean your child would not be able to see grandparents because of the distance or their ages. Family mediation can be a good way to negotiate consent to relocate to avoid the necessity of a court application
Speak to London Relocation Lawyers for family law advice.
Appointments are available at our offices in London or by phone or online via Zoom or Team meetings.
Frequently Asked Questions on Relocation Order Applications
What happens if I leave the country without getting a relocation order?
A person can leave the UK without needing consent or a court order, but the law says they can't take their child with them unless everyone with parental responsibility for the child gives their permission or the court makes a relocation order. If you leave without getting permission or a relocation order, this could amount to parental child abduction. This is a criminal offence. Your ex-partner could apply for a return order if the country your child is living in is a signatory to the Hague Convention. If a return order is made, the child will be returned to England for the English court to decide if it is in your child’s best interests to live in England or overseas.
Do I need a relocation order to move within the UK?
You don’t need a relocation order to move with your child within the UK but your former partner could object to your planned move and either ask the court to make a child arrangement order so your child lives with them or ask the court to make a prohibited steps order so you cannot move to a different part of England. The court will look at the best interests of your child when deciding what orders to make.
How can the court stop me from moving overseas?
The family court cannot stop you from moving overseas to a country of your choice. However, the court can refuse to make a relocation order if they don’t think it is in your child’s interests to go with you. That’s why it’s vital to fully prepare your relocation order application. The court will want to know about your plans for accommodation, work, schooling, health cover and contact with family members in England. The court will then decide whether to make the relocation order based on their assessment of what is in your child’s best interests.
Online and London Family Law and Immigration Solicitors
For family law advice on relocation orders call OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
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