UK Law and Practice Contributed by: Emma Post and Nicki Beale, NE Family Law
Factors to be Considered Factors that may be considered when assessing the weight to be placed on the loss of contact between the child/children and left-behind parents would include (but are not limited to): • the child’s wishes and feelings; • the motivations of the parent in support of the application to relocate or the parent opposing it (are they genuine?); • what the current arrangements are for the time the child spends with each parent, how this will be impacted by the proposed move and how the impact will/can be mitigated; • the proposals of each parent if the application is granted or if it is refused as to the time the child will spend with each parent; • the proposals and position of each parent in so far as the practicalities of maintaining the relationship – ie, the costs of travel, accommodation, frequen - cy, time and factors relevant to the child’s age; and • the impact of the financial constraints of maintain - ing contact against the parents’ ability to financially maintain the child. The relevance and weight to be placed on these fac - tors will differ depending on the facts of each case. 2.3.6 Which Reasons for Relocation Are Viewed Most Favourably? In England and Wales, there is no single reason that can be put forward by an applicant to a relocation application that will be viewed more sympathetical - ly against other reasons. By their nature, relocation applications are case- and fact-specific. The reasons advanced by the applicant in support of their applica - tion to relocate will be considered and the weight to be attached to them will depend on the facts of the case. 2.3.7 Grounds for Opposition to Relocation There are no specific grounds of opposition that a court in England and Wales would be most sympa - thetic towards, as each case is nuanced and spe - cific to its facts. However, some common examples include (but are not limited to): • loss of relationships by reducing a child’s contact with the left-behind parent and extended family;
• the child’s wishes and feelings; • disruption of stability, including schooling, friend - ships and support networks; • practical difficulties in maintaining contact, includ - ing travel time, expense and logistical changes; • impact on exercising PR on a day-to-day basis; • motivations of the applicant parent – eg, a desire to frustrate or fracture the relationship between the left-behind parent and the child; and • adequacy of planning and proposals versus alter - native proposals for the child’s care. The court is likely to have the matters raised under 2.3.5 Loss of Contact firmly in mind, though these will fall to be considered as part of the overall welfare analysis, ensuring paramountcy to the child’s welfare. See 2.3.1 Factors Determining an Application for Relocation . Any person with PR can oppose an application to relocate. 2.3.8 Costs of an Application for Relocation Relocation applications are often considered to be the most difficult for judges to decide, and the decision is binary. They are often hard fought and protracted; for this reason, it is often an expensive and complicated process. It is difficult to give an accurate figure of the costs likely to be incurred in an application to relo - cate in England and Wales, as this will depend on the issues before the court and whether expert evidence is necessary, and the costs will vary widely between different firms depending on size and location. 2.3.9 Time Taken by an Application for Relocation The timeframe for determining a relocation applica - tion will be dependent on various factors, including but not limited to: • the number of witnesses – eg, mother/father/ extended family/new partners; • evidence required (including from experts such as CAFCASS/ISWs/immigration and foreign lawyers); and • the listing availability within the relevant court, which can vary across England and Wales.
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