Relocating with a Child After Separation: What the Law Says
When parents separate, it is common for one parent to consider moving to a different part of the country or even abroad with their child. This may be for work, family support, or a fresh start.
However, relocating with a child is not simply a personal decision. In England and Wales, the law places the child’s welfare at the centre of any decision about where they live. In many cases, you will need the agreement of the other parent or permission from the court before relocating.
Below we explain how the law works, what happens if there is disagreement, and how the court approaches relocation cases.
Relocating Within England and Wales
If you wish to move to another area within England and Wales, you do not automatically need a court order.
However, this does not mean you can move without consequence. If the proposed relocation would significantly affect the child’s relationship with the other parent, or disrupt arrangements set out in a Child Arrangements Order, the other parent may apply to the court.
The court will then consider whether the move is in the child’s best interests.
- For this reason, it is always sensible to:
- Discuss the proposal with the other parent at an early stage
- Consider how contact will continue
- Prepare realistic plans for housing, schooling and support
Even internal moves can become contentious if they impact the child’s stability or existing arrangements.
Relocating Abroad With a Child
Moving a child outside England and Wales is treated differently.
If you wish to relocate abroad, including to Scotland or Northern Ireland, you must have:
- The written consent of everyone with parental responsibility, or
- A court order granting permission
Without this, removing a child from England and Wales may amount to child abduction, which is a criminal offence.
Even short trips abroad may require consent if there is no court order permitting travel.
It is essential to seek legal advice before making any international relocation plans.
What If the Other Parent Does Not Agree?
If the other parent does not consent to the relocation, you cannot simply proceed. Doing so without agreement or a court order can have serious legal consequences.
Relocation disputes are treated as part of wider children and parenting issues considered by the Family Court. Where parents cannot reach an agreement, the court may need to decide whether the proposed move is in the child’s best interests.
The court can become involved in several ways:
Specific Issue Order
A parent who wishes to relocate can apply for a Specific Issue Order asking the court to determine whether the move should be permitted. The court will expect detailed and realistic proposals explaining how the relocation will support the child’s welfare.
Prohibited Steps Order
If there is concern that a parent may relocate without consent, the other parent can apply for a Prohibited Steps Order to prevent the move from taking place.
Variation of an Existing Child Arrangements Order
If there is already a Child Arrangements Order setting out where the child lives and spends time, that order may need to be varied to reflect any proposed relocation.
Before issuing an application, the court will usually expect parents to attempt mediation unless the circumstances are urgent or mediation is unsuitable.
What Happens If a Parent Moves Without Permission?
Relocating without consent, particularly internationally, can have serious legal consequences.
The court has the power to:
- Order the child’s return
- Reconsider living arrangements
- Take a parent’s conduct into account when making future decisions
Acting unilaterally can significantly weaken your position in any later court proceedings.
Speak to a Family Law Solicitor
How the Court Decides Relocation Cases
In every relocation case, the child’s welfare is the court’s paramount consideration.
There is no automatic right to relocate, and the other parent does not have an automatic veto. Each case is assessed on its own facts.
The court will consider factors including:
- The motivation for the move and whether it is made in good faith
- The practicality and realism of the relocation plans
- The impact on the child’s relationship with the other parent
- The child’s wishes and feelings, depending on age and maturity
- The likely effect on the child’s education, wellbeing and stability
- The comparative proposals put forward by each parent
The emotional wellbeing of the relocating parent may also be relevant, but it does not override the child’s best interests.
Recent case law makes clear that courts should not favour one parent’s wishes over the other’s. The focus remains firmly on what arrangement best promotes the child’s welfare.
Practical Considerations Before Relocating
If you are considering relocation, careful preparation is essential. The court will expect detailed and realistic planning.
You should think about:
- How the child will maintain meaningful contact with the other parent
- Travel arrangements and costs
- Schooling and continuity of education
- Housing stability
- Support networks in the new location
Demonstrating that you have considered the child’s needs in a structured and responsible way can make a significant difference.
Seeking Early Advice
Relocation cases are often complex and emotionally challenging. Taking advice at an early stage can help you understand your options and avoid steps that may harm your position.
If you are considering relocating with your child, or are concerned about the other parent doing so, MHHP Law can provide clear and realistic guidance tailored to your circumstances.
For confidential advice, contact Tayo Taylor, Partner, for a confidential discussion at tayo.taylor@mhhplaw.com or on 020 3667 4783.
