The President of the Family Division has released a toolkit to support family Judges when writing to children.
Read moreChild Relocation
Deciding where a child lives when parents separate and relocate can be complex. Our award-winning family law solicitors are legal experts in child relocation.
Talk to usWhen a relationship breaks down, it may be the case that one or both parents wish to relocate — and deciding on where a child will live can be a complex issue.
If a child is taken abroad without the relevant consent being obtained, this could amount to the criminal offence of child abduction.
A child also shouldn’t be moved away from the area in which they usually live within the UK without the relevant permissions being sought from everyone with parental responsibility.
If parents can't reach an agreement on arrangements for their children, it might be necessary for one parent to make an application to the court for permission to relocate with their children. Similarly, if consent for relocating a child is being unreasonably withheld, it’s important to take specialist legal advice to outline your available options.
Child relocation is a contentious area of law. Applications to the court for permission are rarely straightforward and often met with emotive opposition from the other party. That's why it's so critical to seek guidance from legal experts — and our award-winning family law team is on-hand to support you.
Recognised in The Times Best Law Firms, The Legal 500 and Chambers and Partners, we're specialists in the law relating to children, including disputes around where a child lives and relocating with children.
Talk to us by giving us a call on 0333 004 4488, sending us an email at family@brabners.com or completing our contact form below.
Nationally recognised, award-winning child relocation solicitors
When you get in touch with our team, we'll sensitively and thoroughly assess your circumstances before providing practical guidance on the best course of action.
Our child relocation expertise is spearheaded by our Head of Family Cara Nuttall. A qualified Children Arbitrator, Cara specialises in various areas including complex domestic and international children law. She also has extensive experience in cases that involve welfare concerns such as domestic abuse, substance and alcohol misuse and has acquired Resolution specialist status for private law children matters and child abduction. The Legal 500 praises Cara for having a "stellar reputation" and combining being a "compassionate lawyer with being a gladiator for her clients in court".
Cara works closely alongside Hannah Saxe, who specialises in the legal issues that arise from a relationship breakdown, including making and defending applications to relocate with children both within England and Wales and overseas. She's also a Resolution Accredited Specialist in relation to private child law and recognised in The Legal 500.
Jo-Anna Jellings has particular expertise in complex children matters, with vast experience in internal and external relocation applications, Special Guardianship orders and international child abduction. A member of the Young Resolution Committee and Child Abduction Lawyers Association, Jo-Anna is well regarded for her determined approach to the most challenging and sensitive cases and frequently receives praise from clients and counsel for her unyielding commitment to her clients.
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Child relocation — what will the Court consider?
The court’s paramount concern when deciding child relocation cases will be the welfare of the child. This means that the court must be satisfied that the relocation is in the child’s best interests. The welfare checklist contained in Section 1(3) of the Children Act 1989 sets out the factors that the court will consider.
These are as follows:
- The ascertainable wishes and feelings of the child concerned (considered in the light of their age and understanding).
- Their physical, emotional and educational needs.
- The likely effect on them of any change in circumstances.
- Their age, sex, background and any characteristics that the court considers relevant.
- Any harm that they have suffered or are at risk of suffering.
- How capable each of their parents (and any other person that the court considers the question to be relevant), is of meeting their needs.
- The range of powers available to the court under this Act.
Child relocation applications explained
If you wish to apply to the court for permission to relocate with your child, it’s important that your application is carefully planned out with a real focus on how the move will be in the best interests of the child.
Being able to argue your case using persuasive evidence is essential. You should ensure that your application considers the following:
- A full history of the relationship.
- Explanation of the proposed move.
- Suitable schools and accommodation in the proposed new area.
- Motivations for the move.
- Proposals for the child to spend time with the other parent.
- The effect of a refusal.
Consideration must also be given to any court orders that are already in place regarding where and with whom the child lives and the implications that relocating may have.
Before making any application to the court, it’s important to explore the possibility of negotiating with the other parent (either face to face, or through solicitors) to see if any agreement can be reached outside of court. There is a requirement to attend a MIAM (mediation information and assessment meeting) with a mediator before making an application to court, unless an exemption applies to your case.

Can I challenge my ex-partner if they wish to relocate with my child?
If your ex-partner has made an application to the court and you have parental responsibility for the child, you should be a respondent and will automatically be given the right to respond.
If your ex-partner has voiced a wish to relocate and you have concerns that they may take steps to implement a move without your consent or an order of the court, you may need to make an application to prevent a move.
The necessity and urgency of this would need to be considered. If a move has already been implemented within the UK, the parent who didn’t give permission may apply to the court for the child to be returned. The nature of this application would depend on the location of the child and whether they remained in England and Wales. An order may be granted for the return of the child if the court considers that this is in their best interests.
If a child has been removed abroad, different provisions and procedures are in place.
There is no real procedural distinction in terms of an application between a proposed relocation within England and Wales, the UK or internationally. However, the consequences of relocating a child without the consent of the other parent or a court order are different. If a parent has relocated a child to another country without permission, this is classed as child abduction — a criminal offence.
Where a child arrangements order is in place that specifies where the child should live, there's an automatic prohibition on taking the child out of the UK for more than a month without written consent of everyone with parental responsibility. There are specific provisions and procedures that should be followed to seek the return of a child who has been abducted to another country. These depend on which country they have been removed to.
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Child relocation FAQs
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