If you are relocating within the United Kingdom you will either need the permission of all those with Parental Responsibility or leave of the Court by way of a Specific Issues Order.
You will need to demonstrate to the Court that the move is in the best of interests of the child:
· The move enables you to secure better employment, and therefore provide a more financially secure future for your child/ren.
· The area you are moving to has better housing, schooling, facilities, quality of life. Put together details of housing, local schools (including Ofsted reports), available activities for your children in the area, crime reports showing that the area is “safer”, details of good health facilities.
· You are moving to be closer to family/your support network – moving closer to family enables your child to have relationships with them.
· Staying in your current location isn’t in your child’s best interests.
Put together a comprehensive and detailed proposal for contact between the children and the other parent. Include travel arrangements – who will do the travelling and pay for it, ways in which your children and their other parent can keep in touch in-between physical contact, etc.
Use the Welfare Checklist in Section 1(3) of the Children Act 1989 as your template for providing and putting forward the information to show that the move is beneficial to your children.
You will need to pass on all this information to the other parent and discuss the proposed move. If you are finding it difficult to come to an agreement between the two of you, it is worth attempting Family Mediation rather than going straight to Court. If mediation fails, or is refused, then your only option is to apply to Court for a Specific Issues Order.
You will need to complete a Form C100 and send it to Court (there is a court fee of £200) – you will only need to put a brief summary of your reasons for making the application in the form at this stage. For details of the procedure of the Specific Issues process, please see our guide on Specific Issues Orders.