In the UK, shared custody (or shared care) is a common arrangement following the separation of parents because it ensures that both parents maintain a meaningful relationship with their child. However, when one parent decides to move further away, it raises several legal and practical questions. How far can a parent move while still maintaining shared custody? Can one parent force a child to change schools? Who bears the travel responsibility? More importantly, what is in the best interest of the child? This article explores the legal considerations and potential consequences of relocating while sharing care of a child.
What does the law say about moving far away when you have shared custody of a child?
The law does not explicitly set a distance limit on how far a parent can move when they share custody. However, if the move significantly affects the child’s routine or the other parent’s ability to exercise their parental responsibility, the relocating parent may require permission from the other parent or the court.
Under the Children Act 1989, both parents with Parental Responsibility have the right to be involved in major decisions concerning their child’s upbringing, including relocation. If a Child Arrangements Order is in place, one parent cannot unilaterally decide to move if it disrupts the existing arrangements. In this case, an application would need to be made to court to vary the order.
Do you need permission to move?
- If moving within the UK: There is no automatic legal restriction on moving within the UK. However, if the relocation significantly impacts the child’s relationship with the other parent or disrupts their schooling, for example, the parent who objects can apply for a Prohibited Steps Order (PSO) to prevent the move.
- If moving abroad: A parent requires either written consent from the other parent or permission from the court before moving abroad with the child.
If parents cannot agree, the parent wishing to move must apply for a Specific Issue Order. The court will assess whether the move is in the best interests of the child.
What are the implications of moving further away with shared custody?
Moving a considerable distance can create logistical challenges, including school changes, increased travel time, and disruption to the child’s daily routine.
Changing a child’s school is considered a significant decision requiring agreement between both parents. If one parent opposes the school change, the parent wishing to move can apply for a Specific Issue Order to determine the matter in court. The court will consider:
- The quality of education at the new school compared to the current school
- The impact of the move on the child’s friendships and stability
- The practicality of school runs and travel arrangements
- The child’s preferences, especially if they are mature enough to express a reasoned opinion
If the court finds the school move to be detrimental, they may refuse the request or modify existing care arrangements.
Who bears the travel responsibility and costs after relocation?
The court generally expects the parent who decides to move to take on the primary responsibility for facilitating contact. This could include:
- Driving the child to and from visits
- Arranging public transport or taxis
- Covering travel costs
However, the court may order shared responsibility if both parents agree or if circumstances make it unfair for one parent to bear the burden alone.
Can a parent risk losing shared custody by moving too far away?
Moving too far away can affect child arrangements. If the move significantly disrupts the child’s established routine and relationship with the other parent, the court may consider modifying the existing arrangement.
A court may:
- Reduce contact for the moving parent: If travel is too burdensome, the court may decide that the relocating parent should have less frequent but longer visits (e.g., school holidays instead of weekly visits) and increase the amount of indirect contact, such as video calls.
- Change who the child will live with: If the move makes shared care impractical, the court might determine that the child should primarily reside with the non-moving parent.
- Enforce conditions on the move: The court might allow the move but impose conditions, such as ensuring regular travel arrangements.
Ultimately, if a move is found to be against the child’s best interests, the court could refuse the relocation.
What might be considered “too far” in terms of the child’s best interests?
There is no set distance that defines what is “too far.” The court assesses distance based on:
- Travel time: If the child has to travel long distances to see the other parent, it may be deemed too disruptive.
- Schooling impact: If the move requires a new school or affects attendance, the court will evaluate its necessity.
- Parental availability: If the move makes shared care impractical, the court may modify custody arrangements.
- Emotional and social impact: The court will consider the effect on the child’s friendships, family connections, and extracurricular activities.
For example, a move from London to Manchester (approx. 4 hours by car) may be viewed as a significant barrier to regular contact, while a move within the same county might be less contentious.
Can a child refuse to travel to see their other parent?
A child’s opinion becomes more relevant as they grow older. While young children (under 10) are generally expected to follow parental decisions, older children (aged 12+) may have more say.
The court may consider:
- The child’s wishes and feelings: If the child strongly objects to long-distance travel, the court may review custody terms.
- Emotional well-being: If travel causes distress or disrupts stability, adjustments may be made.
- Age and maturity: Older children may be given more autonomy in decision-making.
A parent cannot unilaterally stop a child from travelling if there is a legally binding order in place. If issues arise, the concerned parent may need to seek a Variation Order to adjust the arrangements.
Steps to take before moving when you have shared custody
If you are considering moving while sharing care of the children with your ex, you should first:
- Discuss the move with the other parent: Open communication can help resolve concerns amicably.
- Seek legal advice: A family solicitor can guide you through the legal requirements.
- Apply for a court orders if necessary: If there is disagreement, applying for a Specific Issue Order, Prohibited Steps Order or Variation Order can clarify the situation.
- Plan practical arrangements: Consider travel costs, new schedules, and the child’s routine before making the move.
Ultimately, the court prioritises the child’s best interests when making decisions about relocation and shared custody. If you are facing this issue, seeking legal advice early can help you navigate the process smoothly.
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