Are you or your ex-partner service members? Do you have a child, or children living with you and are separated from their other parent?
If so, and you want to move with your child to another town, county, or country; you are being sent on or are considering applying for an accompanied deployment, you may need to obtain the consent of your ex-partner or the permission of the court before you do so.
If your move will involve your child living outside the UK (this includes postings to e.g. Cyprus or the USA), the consent of anyone who has parental responsibility (PR) in respect of your child, is needed.
PR is defined as "all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and its property".
All biological mothers automatically have PR. Most fathers will also have PR by virtue of being married to the child’s mother or by being named as their father on the child’s birth certificate. Other people may acquire PR by way of a court order.
If anyone with PR does not consent to the child moving abroad, the parent seeking to move will need to apply to the family court for a Specific Issues Order, seeking the permission of the court to do so.
Moving your child to another country without the consent of the other parent or the permission of the court could lead to a criminal offence being committed under child abduction laws.
If the proposed move is relatively local and this does not affect the other parent’s PR or the time they spend with your child, their consent is not generally required.
However, there are some circumstances where their consent to relocate your child within the UK is needed, even if that is only a move to another town or county. Those include:
Where there is a Child Arrangements Order in place which cannot be complied with or would need amending if the move takes place
The move will require your child to change school
Again, if that consent is not given, the court’s permission must be obtained.
The court’s approach when dealing with both external and internal relocation applications is largely similar.
The child’s best interests are the court’s principal concern, not those of the parents.
The child’s wishes and feelings can be taken into account, but the weight that they carry will depend on the child’s age and understanding and are not the only consideration.
Job opportunities or obligations may not be enough alone to persuade the court to give its permission. It is essential to provide the court with as much information as possible about all the arrangements that will be put in place. This includes where your child will live, go to school, have their health needs met and how they will maintain a relationship with or spend time with their other parent or person with PR and any of their siblings that they do not live with.
Discuss. Even if the other parent’s agreement to the move is not legally required, it is advisable to discuss any plans with them as soon as possible and iron out any concerns they may have.
Try to agree. If a need to move as part of your service is likely, discussing and agreeing a parenting plan setting out what is to happen, should you have to do so, is a helpful tool. Mediation can be a useful process to assist in putting the plan together.
Seek early advice. As soon as you anticipate that there could be a problem speak to one of our military sector family lawyers who can advise you and guide you through the court process should it come to that.
Contact Julie to discuss this further.