Best Relocation Lawyers in Bideford

When a move with a child needs legal advice in Bideford

Child relocation disputes arise when a parent plans to move with a child and the move may affect the child’s relationship with another parent. In Bideford, that can mean a move elsewhere in Devon, a longer journey to another part of England, or a move abroad.

There is no general rule requiring court permission for every move within England and Wales. However, an existing child arrangements order, parental responsibility, or disagreement about contact can make legal advice important. The court’s central concern is the child’s welfare, including the practical effect of the proposed move.

Plans often need to address school arrangements, travel time and costs, handovers, holidays, and how the child will keep in touch with each parent. A move from Bideford can change journeys along the A39 and affect arrangements with a parent living elsewhere in Torridge or further away.

When a lawyer may be needed

• A move within Devon is opposed: You want to move from Bideford to Exeter or another town for work or housing, but the other parent says the change would disrupt regular time with the child.
• Contact arrangements may no longer work: A move to another part of England could make school-day visits or shared care impractical, so the parents need to negotiate a revised schedule and travel plan.
• You are considering a move abroad: The other parent does not agree, or an existing order may restrict taking the child out of the United Kingdom.
• An existing court order needs changing: The proposed move conflicts with set arrangements for where the child lives, visits, or handovers.
• You have received an urgent application: The other parent seeks an order to prevent the move, or you fear the child may be taken away without agreement.

Rules that shape child relocation cases

The Children Act 1989, in force from 14 October 1991, makes the child’s welfare the court’s paramount consideration when deciding upbringing questions. It provides for child arrangements orders and other orders, including specific issue and prohibited steps orders. Section 13 restricts taking a child out of the United Kingdom without the required consent or court permission where a relevant child arrangements order is in force.

The Family Procedure Rules 2010, in force from 6 April 2011, govern procedure in family courts in England and Wales. In many private children cases, an applicant must attend a mediation information and assessment meeting before applying, unless an exemption applies.

The Children and Families Act 2014, with key private-law changes taking effect on 22 April 2014, introduced the child arrangements order terminology. The law does not create an automatic right to relocate a child; decisions depend on the child’s circumstances and welfare.

Frequently asked questions

Do I need the other parent’s permission to move with my child within England?

There is no general requirement to obtain court permission for every move within England and Wales. But an existing order, parental responsibility, or a serious effect on the child’s arrangements may make agreement or a court application necessary. Get advice before moving if the other parent objects.

Can I take my child abroad without the other parent’s agreement?

If a child arrangements order says the child is to live with you, section 13 of the Children Act 1989 generally requires the consent of everyone with parental responsibility or the court’s permission to take the child out of the United Kingdom, subject to a limited exception for a trip of less than one month. If there is no such order, the position can still depend on parental responsibility and other orders, so seek advice before travelling.

What if the other parent refuses to agree to a proposed move?

Try to set out the reasons for the move and a detailed plan for the child’s time with each parent, travel, and communication. If agreement is not possible, a parent may apply to the Family Court for an order addressing the dispute or changing existing arrangements.

How does a court decide whether a child can relocate?

The court treats the child’s welfare as paramount and considers the individual circumstances, rather than applying an automatic preference for either parent. Relevant matters may include the child’s needs, the reasons for the move, schooling, relationships, and workable contact arrangements.

Can a child’s views affect the decision?

The court may consider the child’s wishes and feelings in light of their age and understanding. A Cafcass officer may speak with the child as part of the court process, depending on the case.

Do I need to attend mediation before applying to court?

In many private children cases, the applicant must attend a mediation information and assessment meeting, known as a MIAM, before applying. Exemptions apply in some circumstances, including certain urgent cases or cases involving evidence of domestic abuse.

How long does a relocation case take?

Timescales depend on urgency, court availability, whether the dispute settles, and whether reports or additional hearings are needed. A straightforward agreed arrangement may be resolved sooner than a contested case; a lawyer can advise on likely steps after reviewing the circumstances.

How much does a child relocation lawyer cost?

Fees vary by firm, the work required, and whether the case settles or needs hearings. Ask for written information about hourly rates, likely stages, hearing costs, and any fixed-fee options. Legal aid may be available in some private children cases, subject to eligibility rules and evidence requirements.

Can I apply for an urgent order to stop a move?

Urgent applications may be possible where a move or removal is imminent and could cause serious harm or make arrangements difficult to restore. Contact a family lawyer promptly, as the court will need clear information about the urgency and the child’s circumstances.

What is the difference between a child arrangements order and permission to relocate?

A child arrangements order sets out who a child lives with or spends time with. A relocation dispute may require the court to decide whether the proposed move can proceed, whether existing arrangements should change, or both.

Does moving within Devon automatically mean a court hearing?

No. Parents can agree a move and revise arrangements without asking the court to decide. If there is an order or disagreement, legal advice can help clarify whether an application is needed and how to protect the child’s routine and relationships.

Official resources

• Cafcass: Provides information about its role in private family court cases in England, including how children’s welfare and views may be considered.
• HM Courts & Tribunals Service: Administers family court services and publishes official information and forms for family applications. The court handling a Bideford case is determined through the court process.
• Devon County Council: Provides information about school admissions and education services relevant to planning a child’s schooling after a move within Devon.

Next steps for finding and hiring a lawyer

1. Gather the key documents. Collect any child arrangements orders, previous agreements, school details, and relevant messages. This can usually be done before an initial appointment.
2. Write down the proposed plan. Note the reason for moving, likely date, new address if known, school options, travel time, and a proposed schedule for the child to spend time with each parent.
3. Seek advice promptly if the move is imminent. Contact a family solicitor as soon as possible if there is an objection, an existing order, or a risk the child may be taken abroad.
4. Shortlist solicitors who handle private children cases. Check the Law Society’s solicitor-finding service and confirm the solicitor’s regulation with the Solicitors Regulation Authority. Ask about experience with relocation disputes and contested hearings.
5. Compare advice and costs. At an initial consultation, ask about likely applications, mediation, timescales, fees, and whether legal aid may be available. Request the costs information in writing before instructing the solicitor.
6. Agree the scope of work and next action. Confirm who will handle the case, what work is included, and the immediate plan for negotiation, mediation, or a court application. Keep the child’s schooling, routine, and contact arrangements central to discussions.