Key Takeaways
- There’s no set distance limit in England and Wales. The law doesn’t allow a move of 20 or 50 miles and block anything further.
- “Joint custody” isn’t a legal term here. What matters is who has parental responsibility and whether there’s a child arrangements order, including a shared care order.
- If parents can’t agree, the court decides based on the child’s welfare. The same test applies to moves within the UK and moves abroad.
- Taking a child out of the UK without consent or a court order can be a criminal offence, and moving to Scotland or Northern Ireland means moving into a different legal system.
Maybe you’ve been offered a better job two hours away. Perhaps housing is cheaper near your parents, who could help with childcare. Or it could even be the other way round, and your ex has just announced they’re moving and taking the children with them.
Search for an answer and you’ll quickly find confident claims about 50-mile limits. Most of that comes from American states, which do have rules like that. The law in England and Wales works very differently, and relying on the wrong rules can lead to a costly mistake.
This guide explains how far a parent can move when care of a child is shared, when you need the other parent’s agreement and how a court decides if you can’t agree. If you’d like to talk through your own situation, Osbourne Pinner offers a free 30-minute consultation with our child arrangement order solicitors.
What does “joint custody” mean in England and Wales?
Legally, nothing. The word custody was dropped from family law in England and Wales decades ago, even though almost everyone still uses it. When people say joint custody, they usually mean one of two different things.
- The first is shared parental responsibility. That’s the right to be involved in major decisions about a child, such as where they go to school. Most separated parents share it.
- The second is shared care, where a child spends substantial time living with each parent. That might be informal, or set out in a child arrangements order saying the child lives with both parents.
Which of these applies to you makes a big difference to what happens if one of you wants to move.
Is there a limit on how far you can move?
There’s no fixed distance in the law of England and Wales. What matters is the effect of the move on the child, and in particular on their relationship with the other parent. The courts apply a sense of proportion. A move to the next village or town is unlikely to be restricted. A move far enough to end midweek contact or force a change of school is a different matter.
So the real questions are practical ones:
- How long would the journey be for the child?
- Could the current routine carry on, or would it need to change completely?
- Would they have to move school?
Our article on moving two hours away with a child looks at what that kind of distance means for contact in practice.
Do you need the other parent’s agreement to move within the UK?
It depends on your situation. If there’s no court order and the child lives mainly with you, there’s no law that says you need permission to move within England and Wales. The other parent can apply to court for a prohibited steps order to stop the move though, and moving schools is usually a decision everyone with parental responsibility should be involved in.
If there’s a child arrangements order that sets out time with the other parent, a move that makes that time unworkable effectively means the order has to change. You’d need the other parent’s agreement to vary it, or an application to court. Moving without dealing with the order properly risks breaching it.
If the child lives with both of you under a shared care order, the stakes are higher still. A significant move usually can’t happen without the other parent’s agreement or the court’s permission, because it would change the whole basis of the arrangement.
How does the court decide?
The court’s only question is what’s best for the child. The leading case is the Court of Appeal’s decision in Re C (Internal Relocation) [2015] EWCA Civ 1305, which confirmed that moves within the UK are decided on the child’s welfare in the same way as moves abroad. Before that, many people believed a move within the UK could only be stopped in exceptional circumstances.
In practice, a judge will look at things like:
- Why the parent wants to move, and whether the reasons are genuine and well thought through.
- How the move would affect the child’s relationship with the other parent.
- The child’s own wishes and feelings, depending on their age and understanding.
- The effect on schooling, friendships and the child’s day-to-day stability.
- Whether there’s a realistic plan for the child to keep spending time with the parent left behind.
- The impact on the moving parent, and in turn the child, if the move is refused.
Courts are generally reluctant to stop a parent living where they choose, unless the child’s welfare requires it. A well-planned move with a genuine reason and a workable contact plan stands a much better chance than a sudden one.
What about moving to Scotland, Northern Ireland or abroad?
This is where the rules get stricter. Taking a child out of the UK without the consent of everyone with parental responsibility, or the court’s permission, can be a criminal offence under section 1 of the Child Abduction Act 1984. There’s a limited exception under section 13 of the Children Act 1989 that lets a parent named in a “lives with” order take the child abroad for up to a month, such as for a holiday, but not to live.
Scotland and Northern Ireland are part of the UK, but they have separate legal systems. Moving there can affect which courts deal with any future dispute, so it’s worth taking advice before you go. Our guide to child relocation cases covers international moves in more detail.
How should you propose a move?
If you’re the parent who wants to move, how you go about it matters almost as much as the move itself. Raise it early, before you’ve signed a lease or accepted a job if you can. Then put together a detailed plan covering:
- Where you’ll live and which school the child would attend.
- A new contact schedule, such as longer weekends or more holiday time to make up for lost midweek visits.
- Who does the travelling, and how the cost and driving will be shared.
- How the child will stay in touch between visits, for example through regular video calls.
Put your proposal in writing. If it ever reaches court, a record showing you tried to protect the child’s relationship with the other parent will count in your favour. Whatever you do, don’t move first and deal with the consequences later.
What if your ex is planning to move?
Act quickly. If you think a move would seriously damage your relationship with your child, raise your concerns in writing straight away and get advice. Delay can make it harder to object, especially once a new school place or home has been arranged and the child has started to settle.
If talking doesn’t work, you can apply for a prohibited steps order to stop the move until the court has looked at it properly, or ask the court to vary an existing order.
Get advice before a move goes ahead
A move made without agreement or the right court order can lead to urgent court proceedings, and in some cases the court can order a child to be returned. Getting advice before anything is finalised gives you the best chance of an arrangement that works for your child and for both parents.
At Osbourne Pinner, our child arrangement order solicitors advise parents on both sides of relocation disputes, from putting together a workable proposal to applying for or opposing orders in court. We’ll explain where you stand in plain English and give you a clear view of costs before you commit to anything.
Please note that this article is for informational purposes only and does not constitute legal advice. We always recommend speaking to a qualified solicitor for advice tailored to your specific circumstances.
We offer a free 30-minute consultation to discuss your situation, Monday to Friday. You can speak with us via video call or visit our offices in Piccadilly Circus, Canary Wharf, Wimbledon, Harrow or Manchester. To arrange your consultation, call 0203 983 5080, email [email protected] or complete the form below. We do not offer Legal Aid.
