After separation or divorce, it’s common for one parent to consider moving to a new area. This might be for work, family support, housing or a fresh start. A move of around two hours can feel reasonable from a practical point of view, but when a child is involved, it can raise important legal questions. Many parents ask whether they are allowed to move and what the other parent’s rights are, particularly where existing contact arrangements are in place.
In this article, we explain how UK family law approaches internal relocation, what consent may be required and what steps to take if there is a disagreement. You will also find out how to get a free 30 minute consultation with a solicitor if you need advice tailored to your situation.
Does moving two hours away count as relocation?
Under UK family law, there is no strict definition of relocation based on distance alone. However, a move that significantly affects a child’s routine or their relationship with the other parent is likely to be treated as a relocation issue. A move of two hours can have a real impact on school runs, midweek contact, travel time and a child’s emotional wellbeing, so it’s rarely viewed as insignificant.
The key issue isn’t the distance itself, but how the move affects the child and the practical arrangements for spending time with both parents. Even moves within England and Wales can raise legal concerns if they interfere with existing arrangements.
Do you need the other parent’s consent?
Whether you need consent depends on your legal position and whether there is a Child Arrangements Order in place.
If there is no court order and the child lives primarily with you, there is no automatic legal requirement to obtain the other parent’s permission to move within the UK. However, moving without discussion can lead to disputes and, in some cases, court action. it’s usually advisable to seek agreement where possible to avoid conflict.
If there is a Child Arrangements Order that states the child lives with you, relocating may still require the other parent’s consent if the move would disrupt the arrangements set out in the order. If consent can’t be agreed, you may need to apply to the court to vary the order before moving.
Where both parents share parental responsibility, communication and cooperation are strongly encouraged. Courts take a dim view of parents who make unilateral decisions that affect a child’s relationship with the other parent.
What if the other parent objects?
If the other parent doesn’t agree to the move, this doesn’t automatically mean you can’t relocate. However, it does mean the issue may need to be resolved formally. In many cases, mediation is recommended as a first step to explore whether an agreement can be reached without court proceedings.
If mediation is unsuccessful or unsuitable, either parent can apply to the Family Court. The court will then consider whether the proposed move is in the child’s best interests.
How does the court decide relocation cases?
If a relocation dispute reaches court, the judge’s primary concern will always be the child’s welfare. The court doesn’t start from the position that a parent is either allowed or not allowed to move. Instead, it looks at whether the proposed relocation is in the child’s best interests.
The court will consider a range of factors, including the child’s age, emotional needs and relationship with both parents. Judges will look closely at how the move would affect the child’s day to day life, schooling, friendships and stability. They will also assess how contact with the non moving parent would be maintained and whether the proposed arrangements are realistic.
Importantly, the court won’t simply focus on what is most convenient for the parents. While a parent’s reasons for moving are relevant, the child’s welfare is the overriding consideration.
Practical impact of a two hour move
A move of two hours can significantly change contact arrangements, even if both parents are committed to making it work. Midweek contact may become impractical, travel costs may increase and children may find long journeys tiring, particularly during school terms.
Courts often expect the parent proposing the move to present a clear and detailed plan. This may include proposals for longer but less frequent contact, holiday arrangements, shared travel responsibilities and the use of video calls to maintain regular communication.
Being able to show that you have thought carefully about these issues and that you are willing to support the child’s relationship with the other parent can strengthen your position if the matter goes before a judge.
What happens if you move without agreement?
Moving without the other parent’s consent or without court approval can carry risks, especially if there is an existing Child Arrangements Order in place. The other parent may apply to the court, arguing that the move breaches the order or undermines their relationship with the child.
In some cases, the court may order the child to return or require changes to the living arrangements. This can be distressing for everyone involved and may place the moving parent at a disadvantage in future proceedings.
Even where no court order exists, relocating without discussion can damage trust and escalate conflict. Courts tend to favour parents who act reasonably, communicate openly and prioritise the child’s needs over personal disputes.
Steps to take before moving
Before making any firm plans to relocate, it’s sensible to take a structured approach. Start by discussing your intentions with the other parent as early as possible. Clear communication can prevent misunderstandings and may lead to an agreement without formal intervention.
If agreement can’t be reached, mediation is often a useful next step. A trained mediator can help both parents explore options and reach a workable solution without the stress and expense of court proceedings.
Seeking legal advice early is also important. A family law solicitor can review your circumstances, explain whether court approval is likely to be needed and help you prepare a relocation proposal that focuses on the child’s best interests.
Making informed decisions
Moving two hours away with a child isn’t automatically prohibited under UK law, but it’s rarely straightforward. The key is understanding how the move affects your child and taking steps to address any impact on their relationship with the other parent.
By approaching the situation carefully, seeking advice and putting the child’s welfare first, many relocation issues can be resolved without unnecessary conflict.
Please note that this article is for informational purposes only and isn’t a substitute for legal advice. We encourage readers to contact Osbourne Pinner for case specific guidance.
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