Relocation where there are safeguarding or domestic abuse concerns

In previous Keynotes in this series, we examined the legal framework governing international relocation and the practical steps involved in preparing a relocation application. However, relocation cases become significantly more complex when there are allegations of domestic abuse, coercive control, or other safeguarding concerns.

These cases often involve difficult questions. A parent may wish to relocate to access family support, increase their safety, rebuild their life following an abusive relationship, or return to their home country. At the same time, the court must consider the child’s relationship with both parents and determine what arrangements best promote the child’s welfare.

Safeguarding concerns need to be considered carefully within the context of the relocation application. It is not enough simply to provide a history of allegations; the court will need to understand how those concerns affect the child’s welfare, why they are relevant to the proposed move, and what arrangements could safely operate if permission were granted or refused.

How do safeguarding concerns affect a relocation application?

Safeguarding concerns can have a significant impact on the court’s decision-making.

Examples may include:

• domestic abuse, including coercive or controlling behaviour
• physical or emotional abuse
• substance misuse or mental health concerns where these affect parenting
• neglect or concerns about a parent’s ability to meet the child’s needs
• a child being exposed to harmful parental conflict

Where safeguarding issues are raised, the court will need to understand the nature of the concerns, the evidence supporting them, and the extent to which they affect the child’s welfare.

Domestic abuse and relocation

Many relocation applications arise following the breakdown of relationships involving domestic abuse. A parent who has experienced abuse may wish to relocate because:

• they have family support overseas
• they wish to return to their home country
• they require practical childcare assistance
• they wish to create distance from an abusive former partner

In some cases, relocation may be presented as an important step in establishing a safer and more stable future. The court will, however, consider the available evidence and assess how any findings of domestic abuse affect the child’s welfare and the proposed arrangements.

What is coercive control?

Domestic abuse does not always involve physical violence. Coercive and controlling behaviour may include controlling finances or movements, monitoring communications, isolation from family and friends, intimidation or threats.

Even where a child is not directly targeted, exposure to this behaviour may be relevant to the court’s assessment of welfare and risk. In cases involving domestic abuse, the court will also have regard to Practice Direction 12J of the Family Procedure Rules.

Will the court investigate allegations?

Where significant allegations are disputed, the court may need to determine what happened before making decisions about relocation. This may involve a fact-finding hearing. The purpose of a fact-finding hearing is to establish whether particular allegations are proven on the evidence.

Where findings are made, they may influence the court’s assessment of:

• risk to the child and either parent
• future child arrangements and contact
• the need for protective measures
• the practicalities of relocation

Whether a fact-finding hearing is required will depend on the circumstances of the individual case.

Balancing safety with the child’s relationship with both parents

One of the most challenging aspects of relocation cases involving domestic abuse is balancing safety concerns with the importance of preserving the child’s relationship with both parents. Family courts increasingly recognise that exposure to abuse can itself be harmful to a child. At the same time, the court will usually consider whether it is possible for the child to maintain a safe and meaningful relationship with both parents.

The court may therefore consider:

• the nature and seriousness of any abuse
• whether the abuse was directed at the child, the other parent, or both
• the impact of the behaviour on the child’s emotional wellbeing
• whether protective measures can be implemented
• how contact can take place safely
• whether relocation would enhance or undermine the child’s welfare

The court is not required to prioritise parental contact over safety. Equally, findings of abuse do not automatically mean that a child’s relationship with the other parent should come to an end. The court’s task is to identify arrangements that best promote the child’s welfare while keeping the child and any vulnerable parent safe.

How does domestic abuse affect contact arrangements?

One of the most difficult issues in relocation cases is maintaining the child’s relationship with the parent who remains in England and Wales. Where there have been findings of domestic abuse, the court may need to consider whether contact arrangements require safeguards.

The court may also consider:

• whether direct contact is appropriate
• how handovers and communication should take place
• whether supervision is necessary
• whether technology can assist in maintaining relationships safely

Relocation by victim–survivors

A parent who has experienced domestic abuse may seek to relocate in order to rebuild their life with greater practical and emotional support. Relevant factors may include the availability of family support, accommodation, employment, and childcare in the proposed destination.

These factors do not guarantee that permission will be granted. The important question is how those benefits translate into practical advantages for the child.

Domestic abuse and Hague Convention defences

Safeguarding concerns may also arise where a child has already been removed to, or retained in, another country. Different legal principles apply to proceedings under the Hague Convention, including limited exceptions to the usual requirement for a child’s prompt return. These cases are highly fact-specific and urgent specialist advice should be obtained.

For more information on international child abduction and the Hague Convention, see Can I move abroad with my child after separation? International child relocation explained.

What evidence may be relevant?

Relevant evidence may include: police, court, medical, or local authority records; evidence from domestic abuse support organisations; witness evidence; school records; evidence of support networks in the destination country; and accommodation and employment information.

Common misunderstandings

A number of misconceptions frequently arise in relocation cases involving safeguarding concerns:

• Domestic abuse does not necessarily mean that the relocation application will automatically succeed. The court must still undertake a full welfare assessment.
• There is no requirement for a child to spend equal time with both parents. The court’s focus is on arrangements that promote the individual child’s welfare. If abuse is alleged, contact will not automatically stop. The court will determine what arrangements are safe and appropriate for the individual child.
• The wishes of the parent seeking to relocate are not automatically the deciding factor. The wishes of the parents are relevant, but the child’s welfare remains the court’s paramount consideration.

Cases involving relocation, domestic abuse and safeguarding concerns require careful and often early legal advice. If you are seeking to relocate, opposing a proposed move or are involved in ongoing safeguarding proceedings, please contact Family partner Harriet Donovan for advice on your options and the best way to prepare your case.

In the final Keynote in this series, we examine internal relocation within England and Wales, including what happens when one parent wishes to move a significant distance away with a child following separation.