One of the most common issues faced during separation or divorce is the relocation of a parent. Perhaps one parent wants to move away with the children, or the other parent is moving away for work. Distance can place an additional strain on an already fraught situation. But does living away affect joint custody? And how far can a parent move? We cover the most frequently asked questions in this article.
One of the most common issues faced during separation or divorce is the relocation of a parent. Perhaps one parent wants to move away with the children, or the other parent is moving away for work. Distance can place an additional strain on an already fraught situation. But does living away affect joint custody? And how far can a parent move? We cover the most frequently asked questions in this article.
If you have concerns about your family situation or your children and you feel you need legal advice, contact specialist family solicitor Mark Heptinstall of Slater Heelis Solicitors. He is recognised as a ‘Leading Individual’ in The Legal 500 and ranked in Chambers UK, and is described as having “the amazing ability to bring calm into troubled waters”.
What is joint custody?
Joint custody is when a child divides their time between both parents. This means that the child will travel between the homes of each parent. Joint custody does not necessarily have to be on a 50/50 basis.
Although joint custody allows a child to spend a decent amount of time with both parties, it can cause some practical issues, such as making sure school uniform or sports kit is where it needs to be. Child maintenance payments will also be significantly affected.
Is a Child Arrangements Order in place?
If there is already a child arrangements order in place, it may set out where you and your children should live, or provide for contact between the children and your ex. Here, you may need to get the court’s permission to relocate and must convince it that the other parent’s contact will not be unreasonably impeded by the proposed move.
However, in the absence of a child arrangements order, there is no legal requirement to obtain consent to move a child anywhere within the UK, provided you have parental responsibility. It is therefore not necessary to get permission from the child’s other parent, although they may take the matter to court and ask a judge to reassess contact and joint custody, which may slow down the moving process.
What are the practical considerations of living away?
Fundamentally, on a practical level, living only a few miles away from your children can affect joint custody. Things such as getting the children to and from school becomes increasingly problematic, attending GP appointments, or clubs they may be involved in, a logistical headache. And whilst it may not impede weekend or holiday contract, day-to-day custody may need to be revisited.
Are there any potential solutions?
Although not widely used, bird’s nest parenting may offer a solution. This is where the child remains in the home and the parents are the ones who do the moving around. And when they are not staying with the child, live elsewhere. A bird’s nest arrangement avoids a child having to deal with the stress of moving between two homes and also means a parent can maintain a role in their child’s life. Of course, it’s not without its problems. There is also the emotional strain of having a high level of contact and using the same space as an ex-partner.
Alternatively, agreeing more flexible arrangements, such as shifting parental obligations depending on work or school schedules, can mean that a child spends proper time with each parent which may vary from week to week. Being less rigid with the arrangements means parents can adapt their routines and schedules around a child, which is useful for those who have older children who may be involved in several after school activities.
Can a court stop a parent from moving away?
Your ex cannot prevent you from moving away, and neither will the court. The time the other parent spends with the children will have to be worked out again. There are exceptions to this rule, but they will need to be more than the fact that it will be difficult to see the child, or the other parent’s contact will be reduced.
Accommodating the wishes of two separated parents is difficult, but what should be kept in mind when trying to reach a compromise, are the children involved and what is in their best interests.
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