So, how does the court determine whether a relocation would be in the best interests of the child? The reasons for the desired relocation are important i.e., why does one parent wish to relocate? It is established within case law that when undertaking an analysis regarding the merits of the application, the court will need to assess the impact that any decision not to relocate would have on the parent hoping to move and the consequential impact on the child.
Therefore, the parent seeking to move must provide detailed information to the court as to the practicalities of any relocation. This will include consideration as to how contact with the other parent would be facilitated including travel time between the current locality and the proposed locality, the consequential costs of travel, comparisons of schooling in the area against the current schooling arrangement, how the parent will meet the needs of the child, the suitability of the proposed new accommodation, details as to the motivation for the move and how a move otherwise could not be avoided.