Child Relocation (UK and International) Child Relocation (UK and International)

Generally, the consent of the other parent to relocate within the UK is not legally required. However, there are circumstances when it is required and it is also advisable to seek such consent. There are many different factors to be considered which Preston Redman can advise you about and whether an application to Court is appropriate.

For short holidays abroad, you still need consent from everyone with parental responsibility, unless there is a Child Arrangements Order naming the child’s living arrangements with you, in which case you may usually take the child out of the UK for up to 28 days unless a Court Order says otherwise.

What if the other parent agrees?

If the other parent or anyone else with parental responsibility agrees, record that agreement in writing before you move. Set out the new address, school, travel details, and how the child will spend time with the other parent. If there is a Court Order in place, consider asking the Court to vary it by consent so the new arrangements are clear and enforceable.

What if the other parent disagrees?

If you cannot agree, you should not relocate the child. You will usually need to apply to the Family Court for permission to relocate. The other parent can apply to prevent a move or to regulate arrangements. The Court will make a final decision.

Mediation or a structured negotiation can often resolve disputes more quickly and at lower cost. In most cases, you must attend a Mediation Information and Assessment Meeting (MIAM) before issuing a Court application, unless an exemption applies.

When is a Court application required?

You should apply to the Court if:

• You intend to move and do not have consent from everyone with parental responsibility.
• You seek to take the child abroad to live or for an extended period without consent.
• There is a dispute about a significant move within the UK that would change the child’s schooling or the pattern of time with the other parent.

The usual application is for a Specific Issue Order to permit relocation. The other parent may apply for a Prohibited Steps Order to prevent a move. The Court can also make or vary Child Arrangements Orders.

How the Court Decides: Key Factors

The child’s welfare is the Court’s paramount consideration. The Court applies the statutory welfare checklist and considers the following in both internal and international relocation:

• The child’s wishes and feelings, in light of age and understanding
• The effect of the proposed move on the child’s welfare and stability.
• The reasons for the proposed move and whether they are genuine and realistic.
• The practicality and detail of the relocating parent’s proposals, including schooling, housing, childcare and finances.
• The likely impact on the child’s relationship with the left-behind parent and wider family.
• The quality of the contact proposals, including how direct and indirect time will work, travel arrangements, costs and who will bear them.
• The history of arrangements, any issues of safeguarding, and each parent’s capacity to meet the child’s needs.
• International moves add immigration, jurisdiction and enforcement issues. The Court will scrutinise the realism of the plans and the effectiveness of proposed contact across borders.

The Court will expect careful, child‑focused planning and credible evidence that the move will promote the child’s welfare.

Risks of Moving Without Consent

Moving a child without required consent or a Court Order can have serious consequences:

• The Court may order the child’s return to the previous area or country on an urgent basis.
• You could face enforcement proceedings or a Costs Order.
• Internationally, removal without consent may amount to child abduction and may trigger swift return processes under international conventions or reciprocal arrangements, with possible criminal or immigration consequences in some circumstances.
• Unilateral moves can damage the Court’s assessment of your willingness to promote the child’s relationship with the other parent.

Always seek advice before making any move without agreement.

Practical Steps for Parents

• Start discussions early and keep the child’s needs central.
• Consider mediation to explore options.
• Prepare a detailed relocation plan that covers schooling, housing, finances, childcare and how contact will work in practice, including who pays for travel and how video calls will be scheduled. Check passport and any visa requirements in good time and ensure you hold the necessary documents or certified copies.
• Consider safeguarding, including continuity of healthcare, any special educational needs, and how the child will maintain relationships with both sides of the family.
• Keep a record of communications and agreements.