What is a Section 278 Agreement?

A Section 278 Agreement is a legal agreement between a developer and a highway authority to carry out highway works.

Child Relocation: Do I Need Permission To Move Within England And Wales?

Relocating within England and Wales: when your child doesn’t need to change schools.

Many separated parents assume that they need the other parents and/or Court’s permission to move house after separation. In reality, that isn’t always the case. If a proposed move is within the UK and does not affect a child’s schooling or their time with the other parent, the legal position is often much more straightforward.

The law

There is no law preventing a parent from moving to another part of England or Wales simply because they have children. However, the position depends on:

whether there is a Child Arrangements Order in place by the Court;
whether both parents have Parental Responsibility;
whether it involves a change of school; and
whether the move affects the child’s welfare and best interests.

Unlike international relocation, there is no specific statutory requirement to obtain permission before moving within England and Wales as long as it doesn’t mean a change of schools and/or detrimentally affect time spent with the other parent (especially if there is an order in place setting out specific arrangements).

Does the other parent have to agree to the move?

Not necessarily. If:

the child remains at the same school (if applicable);
existing contact arrangements remain workable; and
the move has little practical impact on the child/is in their best interests.

then agreement is desirable but may not always be legally required.

However, failing to consult the other parent can damage the co-parenting relationship and may lead to unnecessary court proceedings if the other then decides to pursue that.

Potential problems

Disputes commonly occur where one parent believes the move is actually intended to reduce their relationship with the child. Examples include:

increasing travel time significantly;
making midweek contact impossible; and
moving without warning/making a unilateral decision.

If the move materially affects the child’s relationship with the other parent, that parent may apply to court for:

A Specific Issue Order;
A Prohibited Steps Order; and/or
A Child Arrangements Order.

What will the Court consider?

If proceedings are issued, the court considers (including but not limited to):

the child’s welfare;
the welfare checklist;
reasons for the move;
practical impact;
ability to maintain relationships; and
travel arrangements.

Practical tips:

Parents should:

give as much notice as possible to the other parent about the move;
explain the reasons for moving;
provide the new address;
discuss transport arrangements; and
reassure the other parent about continued contact.

Key Takeaway

A move within England and Wales that does not affect schooling or the child’s relationship with the other parent is often legally uncomplicated but communication remains essential. It is important that you seek legal advice. Do contact us for further information.