If you are considering moving with your child or children which may impact on the time the other parent spends with their child or children and you both have parental responsibility, then it is advised that you try to reach an agreement and seek the other parent’s consent.
Whilst permission is not required from the other parent it is possible that they could apply for a Prohibited Steps Order under Section 8 of the Children Act 1989.
Prohibited Steps Orders
A Prohibited Steps Order is an Order which can be put in place to prevent a parent from moving with their child or children. The restriction would not be placed on you moving but would prevent you from taking your child or children with you.
Prohibited Steps Orders are usually applied for in circumstances where the child or children moving would have an impact on the other parent’s time spent with their child or children and consequently impact their relationship. The court will consider all the circumstances of the case including the welfare checklist under section S1(3) of the Children Act 1989. The court may also instruct CAFCASS to undertake a report to consider the children’s wishes and feelings depending on their age. Each case will be considered on a case by case basis.
Mediation Requirement
Before a court application is made, it is a requirement to attend mediation to try to reach an agreement, but if unsuccessful a mediator will provide a certificate to enable an application to be made.
Court Considerations and Interim Orders
It cannot be guaranteed that any parent applying for a Prohibited Steps Order will be successful, however, the court can put in place an interim order whilst they consider the full extent of the circumstances before making a final decision.
How can Tozers help?
If you are considering moving or the other parent has informed you they will be moving with your child or children, then we would suggest seeking legal advice at the earliest opportunity.
