Relocation following parental separation

Abstract

Each year many families relocate to live in new places, but disputes will not usually arise over this when the family is intact because the two parents, and perhaps the children, will reach the decision about shifting together. Nevertheless the move will mean these children are likely to experience the loss of familiar surroundings and close friendships, need to change (pre)schools and start afresh with many aspects of their lives. It is when the parents are already living apart that a proposed relocation by one of them might mean the Courts are called upon to examine the interests at stake and determine the outcome. Relocation in this context has particular poignancy for the children involved because, if their parent's application to relocate is approved by the Court, this might marginalise the role of their other parent in their life.It is not, of course, uncommon for separated parents to have to move in the aftermath of their relationship breakdown as they re-establish themselves in separate households and negotiate their children's care and contact arrangements. However, when the proposed relocation by the resident parent involves moving such a distance from the non-resident parent that contact visits become problematic, then the potential for a major dispute exists. This is particularly so when there has been a pattern of frequent contact and the non-resident parent refuses to acquiesce in the move. While these cases can be very difficult to resolve by agreement, some separated parents are able to negotiate the relocation without seeking recourse to the legal system.