Introduction:
At A Father's Friend, we recognise that shared care arrangements and potential relocations present intricate challenges for parents. This article aims to shed light on the legal considerations involved in relocation cases, emphasising the impact on both parents and, most importantly, the child.
Legal Framework for Relocation:
When a parent wishes to relocate with their child, whether abroad or to another part of the country, obtaining the consent of the other parent or court permission is crucial, assuming both parents share parental responsibility. If consent is not granted, the relocating parent must apply to the court, turning the decision into a finely balanced exercise. The court's determination is binary—either permission is granted, or it is not, with far-reaching consequences for all parties involved.
Applications for Relocation:
The court, in evaluating an application for relocation, carefully considers the welfare checklist. This involves examining the motivations of both parents, the potential impact on each parent, and the thoroughness of research and investigation into the proposed relocation. The current time-sharing arrangements play a pivotal role in this assessment, as the court seeks to understand how the child's relationship with the non-relocating parent will be promoted and what post-relocation time-sharing arrangements might look like.
Shift towards Shared Care:
The legal landscape has witnessed an increase in shared care arrangements, reflecting a broader societal shift towards equality in parenting. Shared care, loosely defined as an arrangement where the child spends a roughly equal amount of time with each parent, has become more prevalent. Relocation, especially in shared care cases, significantly alters the nature and quantity of time the child spends with the non-relocating parent. This shift may make relocation applications more challenging, potentially deterring parents due to perceived lower success prospects.
The Court's Perspective:
While shared care arrangements carry weight in relocation cases, they do not act as an absolute barrier. In the case of Re L (a child) (internal relocation: shared residence order) [2009] EWCA Civ 20, the Court of Appeal emphasised that a shared residence order is a crucial factor but not a trump card. The court's responsibility is to analyse the factual matrix in each case and determine whether relocation is in the child's best interest, irrespective of shared care arrangements.
Conclusion:
Navigating shared care and relocation involves a nuanced understanding of legal principles and a keen awareness of the child's best interests. A Father's Friend is dedicated to providing support and guidance to parents grappling with these complexities. If you have further questions or require assistance, please reach out to our team, and we'll be happy to help you on this journey.
