Relocating with Your Child: What You Need to Know

When parents separate, it is not uncommon for one parent to wish to move to another part of the country — or even abroad — with their child. Whether it’s for a job, to be closer to family, or to start afresh, relocating with a child is not simply a personal choice: it is a legal issue that requires careful thought and, often, the consent of the other parent or the court.

Here we explain where you can relocate to, what your options are if the other parent doesn’t agree, and how the court decides these cases.

Where Can You Relocate To?

The legal rules depend on where you plan to move:

• Within England & Wales:
  Legally, you do not need formal consent or a court order to move within England & Wales. However, if the move would significantly affect the child’s relationship with the other parent or disrupt court-ordered contact, the other parent can apply to the court to prevent or regulate the move. Even though the law does not prohibit internal moves outright, the courts have made clear that such moves — if contested — will still be scrutinised through the lens of the child’s welfare. Therefore, it is good practice to seek agreement first and to make sure your plans are realistic and in the child’s best interests.
• Outside England & Wales:
  If you wish to move abroad — including to Scotland or Northern Ireland — you must have either:
  • the written consent of everyone with parental responsibility, or
  • a court order granting permission.
    Without this, removing a child from England & Wales can amount to child abduction, which is a criminal offence. Even a short trip abroad normally requires consent if there’s no court order allowing it.

In both scenarios, it’s wise to speak with a solicitor before making plans. Acting unilaterally can harm your case if the matter ends up in court.

What Are My Options if the Other Parent Disagrees?

If the other parent (or anyone with parental responsibility) does not agree to the move, you cannot simply press ahead. You will need the court’s help.

The key options are:

• Specific Issue Order (SIO):
  You can apply to the court for an order allowing the move. You will need to present clear, well-thought-out plans and explain how the relocation serves the child’s welfare.
• Prohibited Steps Order (PSO):
  If you are concerned the other parent might move the child without consent, you can apply to the court for an order preventing them from doing so.
• Varying an existing Child Arrangements Order:
  If you already have a court order about where the child lives and spends time, a move may require that order to be changed. This should be done through the court so that new arrangements reflect the reality of your proposed relocation.

It’s also worth noting that the courts increasingly expect parents to attempt mediation or other forms of dispute resolution before applying to court, unless the matter is urgent.

How Does the Court Decide?

Whether you are moving within England & Wales or abroad, the court will apply the same principle: the child’s welfare is paramount.

There is no automatic right for the parent wishing to move, nor does the other parent have an automatic veto. The court decides what is in the child’s best interests, based on a holistic evaluation of all the circumstances.

The court considers factors such as:

• Motivation and planning: Is the move proposed in good faith, or is it intended to frustrate the child’s relationship with the other parent? Are the plans realistic — covering housing, schooling, childcare, finances, and the child’s needs?
• Impact on relationships: How will the move affect the child’s relationship with the left-behind parent and wider family? Are there sensible proposals for maintaining meaningful contact?
• The child’s wishes and feelings: Depending on their age and maturity, the child’s views may carry significant weight.
• Practical impact: Will the move improve or harm the child’s wellbeing, education, and sense of stability? What disruption will it cause, and are the benefits worth that disruption?
• Comparative options: The court looks at both parents’ proposals for the child and weighs the advantages and disadvantages of each.

The court also considers the emotional wellbeing of the parent proposing the move, particularly if refusing permission would undermine their ability to care effectively for the child — but this is just one factor among many, and it does not outweigh the child’s welfare.

Recent case law has clarified that the court must avoid any assumptions in favour of either parent. In particular, older cases suggesting that a primary carer’s wishes should normally prevail are no longer seen as correct. Today, every case is decided on its own facts.

And finally ….

Relocation cases are often among the most difficult and sensitive disputes for courts to resolve, and they can feel deeply personal for both parents. That is why it is essential to seek legal advice early, prepare thoroughly, and approach the process with a focus on the child’s welfare above all else.

If you are thinking about relocating — or you are worried about the other parent moving your child — we can help you understand your rights and options, and guide you through the process.

At MHHP Law, we offer clear, realistic guidance tailored to your circumstances. Contact Tayo Taylor, Partner, for a confidential discussion at tayo.taylor@mhhplaw.com or on 020 3667 4783.