Family lawyer, Dominika Windak, takes a look at the latest episode of the popular TV series, 24 Hours in Police Custody ‘A Family Vendetta’. The show recounts a grueling battle over a child and his relocation to the United States, prompting consideration of the frequently asked question, ‘Can I stop my ex relocating with my child?’
The case of Samantha, Paul, and Joshua
In the episode we learn that the child’s mother, Samantha, and step-father, Paul, wanted to move from Britain to the US as Paul was due to be posted there as a serving member of the US Navy. Joshua, the child’s father, did not agree to this and made an application to the court to prevent the relocation. The court proceedings, we are told, took around 3 to 4 years and that Samantha and Paul ultimately ‘lost’ the case. But what does that mean exactly?
In cases involving relocation of a child, whether it is within England and Wales, or internationally, there are a number of criteria that the court would look at before making a decision whether the child should be allowed to relocate. For example, the court would want to consider:
- How the relocation is likely to impact the child’s relationship with the other parent;
- What impact would it have on the parent if they are not allowed to relocate? and
- What are the practicalities of relocation? This might include consideration of issues such as, what support system will the parent and the child have in the new location? Which school would the child go to? And how will the parent be able to support themselves and the child financially after their move?
The outcome of the case in the TV show was simply described as ‘lost’, which means the court agreed with Joshua that the son should not relocate to the US and should remain living in England. Needless to say, emotions, the stress of the court proceedings, and the outcome, would have had a significant impact on all the parties and their wider families.
The courts have the power to make various Orders, not just in respect of contact, but also preventing one party from removing a child from the country, relocating within the UK, changing schools, or changing names, without the other parent’s permission.
Special Guardianship Orders
Following the episode, the court went on to make an Order for the child to live with their grandmother. This would usually involve an application by the grandmother – or in certain circumstances the Local Authority – for a Special Guardianship Order or a Child Arrangements Order. Special Guardianship Orders give an applicant ‘parental responsibility’ for the child until they reach 18 years of age, whilst not removing responsibility from the parents. It is designed to provide the child with a secure and permanent home with the guardian until they reach 18.
Seeking expert legal advice
It is important to seek independent specialist legal advice if you are considering relocating with a child against your co-parent’s wishes, or where you suspect your child’s mother or father might be preparing to relocate them without your permission – especially if the move will impact your relationship with the child moving forward.
If you find yourself in such a situation you should waste no time in speaking to a lawyer immediately to ensure your position is protected.
