Barbara Corbett

What is your advice to parents who are thinking about relocating with a child?

Don’t make unconsidered decisions without looking at the wider picture. When you have decided that you want to leave with your child, consider very carefully what you will do if you are unsuccessful in your application. Communicate with the other parent as much as you can. Look at matters from the other parent’s point of view. How would you feel in their position? And try to make the proposals and the plans as cooperative as possible. If ever there was a time to mend fences with your ex, it is when you want to relocate. You both need to be on board with what is best for the children. That is going to be a consensual, smooth plan to keep the children firmly anchored to both families, whatever the final outcome.

What should parents know before starting a court procedure about child relocation?

In Jersey applications for child relocation are made pursuant to the Children (Jersey) Law 2002. This means that, unlike child abduction cases (where a child has already been removed) the court’s paramount consideration is the child’s welfare. Of course the child’s welfare needs can coincide with the interests of the relocating parent but this is not always the case. And when the move is going to be beneficial for the parent but not necessarily beneficial for the child or children, the court will reject the application.

Before making an application a parent needs to really consider their reasons for wishing to relocate and how the move will affect the child. It is always much easier to avoid court proceedings by agreeing the relocation with the left behind parent. Frequently parents wishing to relocate are wary of letting the other parent know of their plans in advance, they may be concerned about their reaction or feel that letting the other parent know might result in an application for a prohibited steps order. However, if agreement cannot be reached then the court will need to be involved in any event, so putting off discussing matters with the other parent is rarely helpful.

The left behind parent will be worried about the effect of any relocation on their relationship with the child and also their wider family. Sometimes it is actually a grandparent who is most concerned about a grandchild moving away. The more reassurance that can be given to the left behind parent in respect of contact and maintaining the relationship, the easier it will be to obtain agreement. This will be much better for all concerned, especially the child. The cost of relocation proceedings is high as if contested there has to be a final determination by the court in almost every case. It will therefore be helpful to be generous with facilitating contact by regularly bringing the child back to the jurisdiction to see the other parent, with providing accommodation for the parent and the child in the new location and reviewing the level of maintenance to take into account travel costs.

If discussions with the other parent do not result in an agreement to relocate, the next thing the relocating parent should do is to make meticulous plans. These need to include where the family will live, where the child will go to school, how the family will be funded, job opportunities, actual employment or positive prospects, support, family connections, cultural ties and friendships. The older the child is, the more likely it is that they will have ties to their home jurisdiction, friends, sports, activities and other things which will make relocation more of a challenge for them. Full consideration will need to be given to all aspects of the child’s life and how things can be arranged in the new location. The more detail of what the child’s life will be like in the new place the court has, the more easily they will be able to conclude whether or not a move will be beneficial.

What is your opinion on/ experience with the interests of siblings in child relocation cases?

Many families today are blended with half and step siblings enjoying close relationships in the way full siblings do. This makes for particular difficulties with relocation cases in that as well as considering the relationships the children have with each parent, it is just as important to consider the relationship they have with their half and step siblings. While it is usual to try to keep siblings together, there are occasions when it is in the children’s interests to be separated, even across jurisdictions. Very careful consideration is needed in such cases and the appointment of a guardian is important to be able to provide the parties and the court with a full overview. Decisions to separate siblings are easier if they have not always lived together or if there is a large age gap. However each case is individual and there can be very close bonds between siblings and half siblings who are much older or younger than each other.

What is your (practical) advice to parents, to make relocation easier for a child?

Look at the case from the perspective of the other parent from the very beginning. If you are looking to relocate, try to factor in arrangements for the children to have as much contact as possible with the left behind parent and be generous in respect of financial matters. If a parent will need to travel to see their children going forward, there may need to be a change to any child maintenance arrangements to counter the extra costs involved. If accommodation can be provided for a visiting parent that can help. Don’t share the details of relocation with the children until you have a good idea whether it is likely to happen. Be as accommodating as possible from the start. Reassuring the other parent that the children will be able to maintain their relationship with both the left behind parent and the wider family will make the process a lot easier for all concerned.

What would you like to say to judges who handle these cases?

Child abduction proceedings were always intended to be summary, to simply get the child back to the home jurisdiction as quickly as possible so that any applications for leave to remove, contact, residence or specific issues could be made there. Unfortunately the proceedings now can take very much longer than was first envisaged. As the body of case law has increased, cases take longer as more consideration is given to the various defences to child abduction. There is also perhaps a tendency in some courts in some jurisdictions not to trust decisions made elsewhere together with a pride in their own territory and a feeling that their jurisdiction must be the best place for the child to remain. I would say to the judges, look beyond your own experience, and adhere to the principles of the convention. Children go home first and decisions about their future take place where they came from.