Can I Move House with a Child Arrangements Order in Place?

Question from Fudge, Can I Move House with a Child Arrangements Order in Place?

Answer from AI:

Moving house can be a significant life event, especially when it involves children. If you have a Child Arrangements Order (CAO) in place in the UK, understanding your legal position before making any decisions is crucial. A CAO is a court order that sets out arrangements for whom a child is to live with, spend time with, or otherwise have contact with. This guide provides a general overview of what you need to consider if you’re thinking about moving house with a CAO in place.

Understanding Child Arrangements Orders

First, it’s important to understand what a Child Arrangements Order entails. These orders are made under the Children Act 1989 and can specify:

• With whom a child is to live (sometimes referred to as ‘custody’ or ‘residence’).
• With whom and when a child is to spend time or otherwise have contact (previously known as ‘access’ or ‘visitation’).

Considering a Move

When considering moving house with a CAO in place, the key factors to consider include:

• The distance of the move: If the move is local and does not significantly impact the current arrangements, it may be less of an issue. However, long-distance moves that affect the child’s routine, schooling, or the ability of the other parent or guardian to maintain their relationship with the child can be more problematic.
• Communication with the other parent: It’s essential to communicate your intentions to move with the other parent or guardian involved in the CAO. This can sometimes lead to an amicable agreement without the need for further legal intervention.
• Seeking legal advice: If the move is likely to disrupt the current arrangements significantly, or if the other parent objects to the move, it’s advisable to seek legal advice. A solicitor can help you understand your options, which may include applying to the court for permission to move or to vary the existing CAO.

Applying to the Court

If you cannot reach an agreement with the other parent, you may need to apply to the court to vary the Child Arrangements Order. The court’s primary consideration is the welfare of the child, guided by the ‘welfare checklist’ in the Children Act 1989. This includes the child’s physical, emotional, and educational needs, the likely effect of any change in circumstances, and the child’s age, sex, background, and any characteristics the court considers relevant.

The process for applying to vary a CAO involves:

1. Filling out the appropriate forms, which can be found on the UK Government’s website.
2. Providing evidence to support your application, such as details of the new home, schools, and how you plan to maintain the child’s relationship with the other parent.
3. Attending a court hearing, where both parties can present their case.

Conclusion

Moving house with a Child Arrangements Order in place can be complex, especially if the move is likely to impact the child’s relationship with the other parent or their daily routine significantly. It’s essential to communicate openly with the other parent and seek legal advice if necessary. Remember, the child’s welfare is the court’s paramount concern, and any decisions will be made with this in mind.

Note: This information is intended as a general guide and not as legal advice. Laws and procedures can change, so it’s important to consult with a legal professional for advice tailored to your specific situation.