Anthony Parrish

What Concerned Parents Need to Know About Child Relocation

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Anthony Parrish
Anthony Parrish
Partner
Jones Myers

Sponsored article by Jones Myers.

Disputes among separated and divorced parents over access to their children can become  fraught and complicated when one parent seeks to relocate them to a different area in the UK or to a new country overseas.

Anthony Parrish, a Partner in the Children’s Department  of Jones Myers niche family law firm,  addresses frequently asked questions.      

What circumstances prompt parents to relocate their child/children?

The main ones are returning to the country of origin to be with family, work, a new partner, and, for a better standard of living.’

Are the current laws straightforward for separated parents to move their child/children both in and outside the UK – and do they guarantee the other parent visitation rights?

If a parent wishes to relocate with a child permanently from their current country of residence,  they require either written permission from everyone holding parental responsibility for the child – or an Order of the court, called a Specific Issues Order.

Do different laws apply for relocating children to different continents?

No, the law is the same regardless of which country the relocation is to. However, consideration must be given to the specific country when looking at welfare and safety issues. For example, a relocation to France is very different to one to Iran.

What factors do courts consider when deciding relocation cases?  

A number of points, one of the main ones being the child’s ability to retain a relationship with the left behind parent. They will also look at the education needs of the child, support networks, the parents’ ability to provide for the child financially, housing etc.

What options are open to parents who are seeking to stop their child/children being relocated at home or abroad? 

The parent can file a Prohibited Steps Order to prevent the child being taken out of their  jurisdiction and also seek a ‘Lives-with’ Child Arrangement Order for the child to live with them at the same time.

What recourse is there for parents if their ex has already taken their child/children to a new area in the UK or to a foreign country?  

This would be regarded as child abduction, therefore the immediate recourse would be under the Hague Convention, if the country is a signatory. It is more difficult in a Non-Hague country where parents could apply for the child’s return under the inherent jurisdiction of the High Court.  However, many Non-Hague countries will simply look to their own laws and often refuse to recognise this jurisdiction.

How long do conflicts relating to relocation cases at home and abroad take to resolve?  

On average six months, however, each case is different.

In Jones Myers’ extensive experience, how does the upheaval affect a child/children’s well-being?

Any relocation will affect them as they won’t be seeing the other parent as much and are moving to a new country and leaving friends and family behind. Despite all this disruption, children can be resilient.

I would urge concerned parents who are in this situation to seek legal advice immediately from family law experts like Jones Myers who are experienced in children law and child relocation.

Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet @helpwithdivorce

Read more articles by Anthony Parrish and Jones Myers.

About Anthony Parrish

Anthony Parrish’s extensive experience in family law spans over two decades, during which time he has developed specialisms in matters relating to children law.

A member of Jones Myers internationally renowned Children’s Department, he deals with issues relating to children, teenagers, parents (including those represented through their official solicitor) and local authorities.

His expertise also encompasses international child abduction cases and same sex relationship issues.

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Easter Countdown: How Co-Parents Can Best Manage School Holidays
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Easter Countdown: How Co-Parents Can Best Manage School Holidays

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Anthony Parrish - Jones Myers
Anthony Parrish
Partner
Jones Myers

Sponsored article by Jones Myers.

Organising school holidays and special occasions like birthdays and Christmas can test even the most robust relationships as parents juggle work commitments with a myriad of children’s activities.

Busy schedules also have to be rejigged at short notice when the unexpected happens, such as children falling ill.

For divorced and separated parents, many of whom do not have a support network, the above can be even more challenging.

As Easter looms, the school break – which is vital for children to recharge their batteries – can bring  even greater disruption to daily patterns.

The Importance of Communication, Cooperation and Compromise

In our extensive experience, effective organisation, communication and collaboration between estranged parents are vital both during and outside school terms to ensure children’s best interests always come first.

The formula below helps to ensure stability in a shared commitment to children’s wellbeing while avoiding the court route – for which there is limited public funding – to determine arrangements.

Involve Children in Plans

During all school holidays, children will want to spend as much time as possible with both parents, their wider family including grandparents, and friends.

It is the responsibility of both parents to try to achieve this and may result in one parent spending less time with their child(ren) during the break.

Children and young people need certainty and security so let them know as far in advance as possible how, and with who, their holiday will be spent. This gives them time to adjust to any new arrangements.

Keep Talking and Communicating

Set aside your differences to always put your children’s interests first. Aim to plan school holidays as much in advance as possible so you can organise logistics such as travel, playgroups and sporting activities.

Be Flexible

In cases where a court is involved, parents will be referred to a Planning Together for Children course  which helps them to understand how to put their children first while undergoing separation.

The four-hour course helps parents learn the fundamental principles of how to manage conflict and difficulties. For more information, visit this website.

Managing Special Occasions

This formula also applies to birthdays and the festive season – special occasions when parents can give their children magical memories to look back on by manging them creatively. For example, by organising a birthday celebration or outing with each parent.

When it comes to Christmas – which brings additional commitments and financial pressures – a spirit of co-operation, communication and compromise is needed more than ever for parents to work together.

Advance planning and keeping calm irrespective of challenges including bad driving conditions, or reluctant children (who find moving from one parent to another difficult, not that they don’t want to go) – is vital.

Christmas celebrations can take place at any time over the holiday to make them special for children. Parents can therefore make the magic of Christmas happen twice with Santa making two appearances with his presents.

Achieving this requires meticulous organising, allowing time to consider each other’s expectations and plans. It is also advisable to have a back-up plan in the event of an unforeseen circumstance.

Letting children know as far in advance as possible that they will have two birthdays and two Christmases gives them time to get used to the idea and look forward to it with excitement.

The Importance of Parenting Plans

Jones Myers’ dedicated, multi-award winning Children’s Department balances children’s and parents needs in wide-ranging issues.

Working closely with our clients, we devise the most suitable arrangements for children both now and in the formative years ahead. We also highly recommend that parents who split up have a Parenting Plan in place.

A Parenting Plan is a written plan which helps estranged couples to work out practical decisions in areas including communication, living arrangements, money, religion, education and emotional well-being. Providing a valuable reference point, it helps everyone involved to know what is expected of them.

The document can help ensure a degree of stability and continuity in a shared commitment to children’s wellbeing – without having to go to court.

In cases where parents need to go to court because they are unable to agree on certain issues, a judge will expect them to have started a Parenting Plan.

Helping them to record their plan and inform the family court judge what they have agreed and not agreed, it also enables parents to let the judge know areas where they need more help.

Family Law group Resolution, which promotes a non-confrontational approach to family problems, provides valuable advice for separating parents.

It is reported that babies as young as three months can be affected by negative vibes and parents who argue in front of their infant can cause them lasting damage.

When children’s futures are at stake, we recommend choosing a family lawyer like Jones Myers – who champions a non-confrontational approach to relationship breakdown and is a member of Resolution – when seeking legal advice.

Working closely with our clients, we devise the most suitable arrangements for children – both now and in the formative years ahead.

The actions and decisions of separating and divorced parents can play a formative role in ensuring  their children’s emotional happiness and well-being though their journey to adulthood.

Read more articles by Anthony Parrish and Jones Myers.

About Anthony Parrish

Anthony Parrish’s extensive experience in family law spans over two decades, during which time he has developed specialisms in matters relating to children law.

A member of Jones Myers internationally renowned Children’s Department, he deals with issues relating to children, teenagers, parents (including those represented through their official solicitor) and local authorities.

His expertise also encompasses international child abduction cases and same sex relationship issues.

You might be interested in

Journalists Can Now Report on Family Law Cases in Court - Is This Good or Bad?
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Journalists Can Now Report on Family Law Cases in Court – Is This Good or Bad?

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Anthony Parrish
Anthony Parrish
Partner
Jones Myers

Sponsored post by Jones Myers.

In a milestone development starting this week, accredited journalists can report in family law courts on cases which decide the future and wellbeing of children whose parents are divorcing.

They can also report on cases which determine if children should be taken into care.  

Whereas the media have previously been allowed to observe such hearings since 2009 – but only report on what a judge allowed – they can now write in detail on cases, have access to some legal documents and interview families about their cases – providing their identify is protected.

The move follows a two-year pilot scheme covering private and public law children law cases. It aims to remove long-standing concerns about the ‘secrecy’ surrounding family courts, create greater transparency and build public confidence.

As a whole, our Children’s Department – which covers every area of public and private children law – sees the change as a favourable move.

There are some reservations however about how those who represent themselves in Court Proceedings – because they either can’t afford a family lawyer or simply choose to do so – may try to use the media to their own advantage.

This could apply in situations where they portray the other party in an unfavourable light or put their privacy at risk. Such scenarios raise concerns about safety and especially around the potential for social media platforms to be abused.

On the positive side, as long as journalists adhere to responsible reporting, the development will provide a constructive insight in helping the public to understand the realities of the Family Court System – and for an unbiased approach to be taken.

The new reporting freedoms could also see divorcing couples – particularly those with a profile in their community who are concerned about protecting their own and their children’s privacy – resolve matters out of the courtroom glare.

This can be achieved through alternative routes such as mediation or the collaborative process which help separating couples to find an agreed way forward in a constructive, positive manner.

Less costly, acrimonious, and drawn-out, these alternatives protect children being exposed to the fall out of their parents’ relationship. They prioritise children’s well-being and help the long-term interests of all those involved in the break-up.

Our family law experts are at the forefront of options which take a non-confrontational approach to relationship breakdown and put children’s best interests first.

The specialisms of our award-winning Children’s Team span residence, contact, relocation, international child abduction, adoption, and child protection.

Dedicated to consistently delivering excellence, we act for parents and grandparents, we represent children, through their court appointed Children’s Guardians allocated by Cafcass. We also act separately for children of a significant age and maturity.

Our extensive expertise includes a Family Law Mediator, a Child Inclusive Mediator, Collaborative Family Lawyer and In House Counsel.

For queries on children law, mediation, or other family law issues, call Leeds 0113 246 0055, Harrogate 01423 276104, York on 01904 202550. Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

Jones Myers blog is ranked 7th in the UK’s Best 25 family law blogs and websites to follow in 2025.

Read more articles by Anthony Parrish and Jones Myers.

About Anthony Parrish

Anthony Parrish’s extensive experience in family law spans over two decades, during which time he has developed specialisms in matters relating to children law.

A member of Jones Myers internationally renowned Children’s Department, he deals with issues relating to children, teenagers, parents (including those represented through their official solicitor) and local authorities.

His expertise also encompasses international child abduction cases and same sex relationship issues.

You might be interested in

Child Arrangement Orders: All You Need to Know
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Child Arrangement Orders: All You Need to Know

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Anthony Parrish
Anthony Parrish
Partner
Jones Myers

Child Arrangement Orders are a vital framework for promoting the well-being of children involved in relationship breakdown.

They are particularly important during emotionally challenging times such as separation or divorce, when relationships may be strained. This article shares some key insights on their role in divorce and separation.

What is a Child Arrangement Order?

A Child Arrangement Order is a legally binding order made by a court to establish who a child should live with and the amount of time they should spend with the non-resident parent or other family members, most notably grandparents.

If you are a parent, you can seek a Child Arrangement Order through the Court. Grandparents can also apply for such an order but firstly require the Court’s permission to do so. Such orders are commonly sought in cases where the parents have separated or when obstacles arise that prevent grandparents from having access to their grandchildren.

Why do I need a Child Arrangement Order?

There are numerous situations that may lead you to consider applying to the court for a Child Arrangement Order. They range from the need to establish specific arrangements for your child’s daily life to resolving disputes related to school holidays.

It’s important to recognise that each case is family specific, and seeking guidance from a specialist firm such as Jones Myers is strongly recommended to receive appropriate advice tailored to your specific circumstances.

What will a court consider when making a Child Arrangement Order?

When parties are unable to reach a mutual agreement, the court takes several factors into account which include the child’s best interests and considerations such as the child’s wishes and feelings, particularly when they are older. The court also evaluates the child’s physical, emotional, and educational requirements, as well as the potential impact of any substantial changes in their circumstances.

Additional factors taken into consideration include the child’s age, any known instances of harm or potential risks to the child themselves and the respective abilities of each parent to meet the child’s needs. These elements collectively shape the court’s decision-making process with the ultimate goal of safeguarding the child’s well-being.

Read more articles by Anthony Parrish and Jones Myers.

About Anthony Parrish

Anthony Parrish’s extensive experience in family law spans over two decades, during which time he has developed specialisms in matters relating to children law.

A member of Jones Myers internationally renowned Children’s Department, he deals with issues relating to children, teenagers, parents (including those represented through their official solicitor) and local authorities.

His expertise also encompasses international child abduction cases and same sex relationship issues.

You might be interested in

How can I get my abusive partner to leave our home?
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How can I get my abusive partner to leave our home?

Published on
Anthony Parrish, Partner - Jones Myers
Anthony Parrish
Partner
Jones Myers

Sadly, we work with many clients who, along with their children, are victims of domestic abuse.

Some flee the spousal home with little more than the clothes they stand up in while others stay and suffer in silence – because they fear losing any legal rights they may have.

It is vital that you know there are injunctions you can take out which entail the Court making an order protecting you and your children from abuse or harassment by your partner/spouse and prevent them from living in your home.

Non-Molestation Order

An FL401 form enables you to apply for a Non-Molestation Order, which forbids your spouse/partner from:

  • Coming to, or near, your home
  • Using or threatening violence against you and your children
  • Intimidating, harassing, or pestering you and your children
  • Going to places such as schools that you and your children visit regularly.
  • Send/engage in threatening communication through letter, telephone, text message, or other means of communication (including social media).
  • Not to instruct or encourage a third party to do any of the above on their behalf.

Occupation Order

The same form can also be used to apply for an Occupation Order, where the court decides who should live in, or return to, the home or any part of it.

Depending upon your circumstances, you can apply for a non-molestation order, an occupation order – or both.

The application does not require court fees. If a family lawyer assists you with the application, you pay for their fees. Legal Aid is available for applications of this nature provided the required thresholds for qualification are met.

Key Factors the Court Will Consider 

  • The housing needs/resources of you and your spouse/partner and children
  • Your respective finances
  • Your behaviour to each other
  • The likely impact of a Court order/decision not to exercise its powers, on the health/safety/wellbeing of you, your spouse/partner and your children.

Considerations for Married Couples

If you were married and have no existing right to occupy the property, the Court will also examine:

  • The length of time since you last lived together.
  • How long ago your marriage was dissolved.
  • If any current legal proceedings exist between you for a financial order following your divorce, or for an order under Schedule 1 Children Act 1989 for financial relief or relating to the legal or beneficial ownership of the property.

Considerations for Cohabitees

If you are living with your partner and have no existing right to occupy the property, the Court will examine:

  • If you have any children together or if you have, or have had, parental responsibility for any children (stepchildren, godchildren etc)
  • If an Order is made in your favour, it could be for a specified period – often six months – or until another Court Order is made. In some situations, the Order can be renewed for another six months.

The protection the court offers is available to married, divorced, cohabiting and former cohabiting couples along with those in civil partnerships.

Domestic abuse occurs in all levels of society – regardless of race, gender, wealth, or age.

In confidential consultations highly skilled and sensitive family law specialists like us who have extensive expertise in helping victims of victims of domestic violence, discuss all your options and advise on the way forward. This includes court applications for an injunction as outlined above.

We can also suggest other organisations who can help you outside the legal process.

For more information on the FL401 form, visit the Government website.

Click here for more articles by Anthony Parrish

About Anthony Parrish

Anthony’s extensive experience in family law spans over two decades, during which time he has developed specialisms in matters relating to children law.

A member of Jones Myers internationally renowned Children’s Department, he deals with issues relating to children, teenagers, parents (including those represented through their official solicitor) and local authorities.

His expertise also encompasses international child abduction cases and same sex relationship issues.

You might be interested in