When parents separate or divorce, child arrangements can already be emotionally and legally complex. But things can become even more challenging when one parent wants to move to a different part of the country – or even abroad – with the child.
Whether you’re the parent considering a move or the one opposing it, it’s important to understand your rights, your obligations and how the courts decide these cases. In this guide, we break down what you need to know about child relocation in the UK.
What is a child relocation case?
Child relocation cases arise when one parent wants to move to a new location with their child and the other parent does not agree. The move might be within the UK (internal relocation) or to another country (international relocation). In either case, if both parents do not consent, the parent seeking to move must apply to the family court for permission.
Without this permission, moving a child – especially abroad – could amount to child abduction under UK law, which can have serious legal consequences.
Can you relocate with a child after separation?
If you have a Child Arrangements Order stating that your child lives with you, you still need the other parent’s consent or the court’s permission to move abroad. You do not need permission to move within the UK unless it significantly affects the other parent’s ability to spend time with the child.
If there is no court order but both parents share parental responsibility, relocating without consent can still be challenged in court. For that reason, it’s always advisable to seek legal advice before making any firm plans.
How does the court decide?
UK courts focus on one key question: what is in the best interests of the child? The court will examine various factors, including:
- The child’s age, needs and wishes (depending on their maturity)
- The impact of the proposed move on the child’s relationship with both parents
- The reasons behind the proposed relocation
- The practicality of maintaining contact with the non-moving parent
- The motivation of the parent opposing the move
- Educational and emotional implications for the child
The court will not automatically favour the parent who has day-to-day care, nor will it punish a parent for wanting to relocate. Each case is considered on its own merits.
What if you want to oppose the move?
If you are the parent staying behind and you disagree with the relocation, you can oppose the application by showing that the move would not be in the child’s best interests. You may argue that:
- The child would lose meaningful contact with you or their wider family
- The child’s schooling or support network would be disrupted
- The relocating parent has not provided a clear or realistic plan
- The relocation is being proposed to obstruct contact or alienate the other parent
It’s essential to respond promptly if you receive notice of a relocation application. The court will consider your relationship with the child and your commitment to maintaining it.
Do children have a say?
While very young children are unlikely to be directly consulted, older children – especially those aged 10 and up – may have their views considered through a child welfare officer or CAFCASS report. However, children do not make the final decision. Their views are weighed alongside other welfare factors.
What happens if the court grants permission?
If the court approves the relocation, a Child Arrangements Order may be updated or created to reflect the new situation. The relocating parent will be expected to facilitate ongoing contact – which might include:
- Scheduled visits during school holidays
- Video or phone calls
- Travel arrangements or financial support for the non-resident parent
The court may include directions on how contact should take place, especially if the relocation is overseas.
Can the court refuse relocation?
Yes. If the judge believes that the move would be harmful to the child or that the practicalities of maintaining contact are unrealistic, they can refuse the application. In that case, the child must remain in their current location unless a new agreement is reached.
Parents who are denied permission to relocate must comply with the ruling. Attempting to move a child without authorisation can result in enforcement proceedings and serious legal consequences.
Tips for parents considering relocation
- Plan thoroughly – Show how the move benefits the child, not just you.
- Propose realistic contact arrangements – Courts look favourably on proposals that maintain the child’s relationship with both parents.
- Get legal advice early – The outcome often hinges on how well the case is prepared.
- Avoid sudden decisions – Courts may view rushed relocations with suspicion.
- Be open to compromise – Mediation can sometimes help avoid court altogether.
Speak to a family law solicitor about your options
Relocation cases can be emotionally charged and legally complex – with outcomes that affect the whole family for years to come. Whether you’re planning to move or concerned about your child being taken away, our experienced family law solicitors can provide clear guidance and compassionate support.
We offer a free 30-minute consultation to explore your situation and outline your options. To get started, fill in the contact form below, call 0203 983 5080, email [email protected]. We can arrange a video call or meet in person at one of our offices in London (Harrow, Canary Wharf or Piccadilly Circus) or Manchester City Centre.
