Relocation Reports

Analysing the effects of a proposed move on a child’s stability and relationships

Relocation Reports – Internal & International Moves

In relocation cases, whether internal (within the UK) or external (outside the UK), the independent expert’s duty to the Court is to provide an objective assessment of the child’s welfare and the impact of the move, considering all relevant factors.

This includes evaluating the child’s relationship with both parents, their needs, and the potential benefits and drawbacks of the proposed relocation.

Recent case law advises that despite the strongly held wishes and desires of parents in such situations, the paramount consideration for the expert when advising the Court is the best interests of the child.

Our Approach – Balance Sheet & Welfare Checklist

At CFS we are of the view that a ‘balance sheet approach’ is useful when assessing the suitability of a move.

Starting from the standpoint that a child’s welfare needs are best served by continuing an existing relationship with both parents and spending time with both, we have to create essentially an ‘impact analysis’ of the plans of the parent who wishes to relocate.

We assess potential risks associated with the move, such as the impact on the child’s emotional well-being, their relationship with the other parent, and their overall development.

We are required to apply the welfare checklist (as outlined in the Children Act 1989) to evaluate the child’s needs and the factors relevant to their best interests. It’s the same one we apply when writing Section 7 reports, and it gives us a clear structure for thinking through things like schooling, emotional well-being, and how settled a child is, especially when there’s a move being considered.

Key Factors We Consider

The child’s ascertainable wishes and feelings

The practicalities of the relocation, including housing, employment and support networks. The parent who wishes to relocate should be able to present a coherent plan with a cogent argument for why it is necessary to move the child from their current home, friendship networks and educational setting.

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The child’s relationship with both parents and any effects of a move

The potential impact on the child’s relationship with the remaining parent

The impact of the relocation on the child’s emotional well-being, development, and education

The overall welfare of the child, taking into account any special needs and characteristics of the child

No relocation case is ever the same. There are times when the move might be linked to other underlying issues between the parents – sometimes even to limit the child’s contact with the other parent. We always look at what’s really going on, and how the child is likely to be affected.

Legal Context

In both internal and external relocation cases, the Court prioritises the child’s welfare, and the expert’s role is crucial in ensuring that the decision is made in the child’s best interests.

The Court will consider the checklist in “Payne v Payne” considerations (a checklist of factors to be weighed in the balance when determining what is in the child’s best interests, what we refer to as a balance sheet approach) but while the parents’ wishes are considered, case law has also moved on since Payne vs Payne and now the Court’s ultimate decision is based on the child’s welfare only.

There is no longer any distinction between internal and external relocation cases; the child’s welfare is the primary concern in both.

Sometimes the parent still chooses to move even if the Court says the child must stay. When that happens, the child may stay with the other parent. That’s something we think about from the start – what the outcomes might be and what they could mean for the child.

Our Values and Decision-Making Framework

At CFS, we start from the well-evidenced view that children do best when they have meaningful relationships with both parents. If one parent wants to move in a way that could reduce that connection, there needs to be a good reason. We don’t take sides – our job is to look at the likely effects of the move.

Relocation is not always straightforward. Sometimes it’s necessary. But every change brings new risks, especially when it comes to relationships and emotional bonds. That’s why we look at each case very carefully.

Who Are Relocation Reports For?

These reports are usually part of Court proceedings, but sometimes they’re requested earlier – during mediation or solicitor-led negotiations. Whether formal or not, our assessments help clarify difficult decisions where the child’s future is at stake.

FAQs

What is relocation in family law?

Relocation refers to a situation where one parent, following separation, wishes to move to another town, city or country with the child. If the other parent objects, the Court may ask for an assessment to determine whether the proposed move is in the child’s best interests.

What is the relocation process?

If you are planning to relocate, you may need to discuss the move with the other parent. If they do not agree, a Court application may be necessary. The process may involve assessments by professionals who consider the impact of the move on the child and both parents’ circumstances.

How stressful is relocation?

Relocation can be highly stressful depending on your circumstances and the support available. It may bring emotional, financial and practical challenges for parents and children alike. Professional assessments can help identify the impact of relocation and guide families in managing the change as smoothly as possible.