A proposed move with a child can lead to a serious dispute between parents, particularly where it would affect the child’s relationship with the parent who remains behind. It is important to establish whether the move requires the other parent’s consent or permission from the Family Court. Different rules apply depending on whether the proposed relocation is within the UK or abroad.
If agreement cannot be reached, the parent proposing the move may need to apply for permission or a Specific Issue Order. A parent who believes that a move may take place without agreement can apply for a Prohibited Steps Order and, where necessary, ask the Court to consider the application urgently.
Our family law solicitors advise parents who wish to relocate with their child, as well as those who want to prevent a proposed move. The starting point is an initial consultation in which we can discuss the proposed move, the arrangements for the child and the effect relocation would have on each parent. We can then advise on the likely outcomes, negotiate with the other parent and prepare or respond to any court application, working with your objectives in mind.
Do I Need Permission to Relocate With My Child?
A child cannot normally be taken to live abroad without the written consent of everyone with parental responsibility or permission from the Family Court. There are limited exceptions, so legal advice should be obtained before any move takes place.
Relocation within the UK does not always require formal consent. However, the Court can prevent a move where it would significantly affect the child’s welfare or their relationship with the other parent. Depending on the circumstances, either parent may need to apply for a Specific Issue Order, Prohibited Steps Order or Child Arrangements Order.
Applying for or Opposing Child Relocation
If an agreement cannot be reached, the parent proposing the move can apply to the Court. The application should be supported by a realistic relocation plan covering housing, education, childcare, finances, the support available in the new location and how the child’s relationship with the other parent would be maintained.
A parent opposing the move can apply to prevent it or respond to an existing application. The Court will consider the reasons for the proposed move and the objections raised, alongside its likely effect on the child and the alternatives available. The child’s welfare will be its paramount consideration, and their wishes and feelings may also be relevant depending on their age and understanding. Urgent applications can be made where there is a risk that a move will take place imminently.
How Our Child Relocation Solicitors Can Help
We can prepare or respond to a relocation application, identify the evidence needed and help develop or assess the proposed arrangements for housing, education and continuing contact. We can also negotiate on your behalf where there remains an opportunity to reach an agreement.
If court proceedings are required, we can prepare your evidence and represent you throughout the case. We can also act quickly to seek a Prohibited Steps Order or other protective order where there is an immediate risk that a child will be moved without agreement.
Sobiah Hussain
Partner, Solicitor-Advocate, Collaborative Law Practitioner & Head of Private Family Law
Meet the team
Sobiah Hussain
Partner, Solicitor-Advocate, Collaborative Law Practitioner & Head of Private Family Law
Irrum Shah
Senior Associate Solicitor
Alison Page
Senior Associate Solicitor
Emma Macdonald
Chartered Legal Executive
Frequently Asked Questions
Child relocation refers to one parent moving a child to a new place, either within the UK or abroad. If both parents have parental responsibility, the relocating parent must seek consent from the other. If permission is not given, the parent must apply to the Family Court for permission. Moving a child without this may be treated as child abduction if the relocation is international.
Yes, if you believe the move will negatively affect your child or your contact with them, you can apply for a Prohibited Steps Order. The court will consider the child’s best interests, the impact on their education and relationships, and whether the move is necessary or well-planned. Your views, as a parent with parental responsibility, will be taken seriously but the court’s first priority is your child’s welfare.
The court’s priority is the child’s welfare. Factors include the motivation behind the move, the impact on the child’s routine, how contact with the other parent will be managed, and how settled the child is in their current environment. The court expects a full, realistic plan from the parent seeking to relocate.
Moving a child abroad without permission from the other parent or the court is a criminal offence and may lead to arrest, court proceedings, and return of the child if the country you and your child have moved to is party to the Hague Convention on the Civil Aspects of International Child Abduction or has an agreement with the UK concerning child returns.
Domestic moves without agreement could also be challenged in court. The court could order you to return the child to their previous home.
Technically, you do not need permission to move within the UK. However, if there is a Child Arrangement Order in place, you need to facilitate contact with the other parent as set out in the Order. If this cannot be done due to distance, you need to seek legal advice as the Order will need to be varied.
It is well-established through case law that the correct approach if you want to move to another part of the country with your child is to get the consent of the court.
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