Child Relocation

If there is no court order in place to prevent a relocation to another part of the UK (defined as England, Wales, Scotland and Northern Ireland) then — in theory — nothing is stopping a parent from moving and taking their child with them.

However, such decisions shouldn't be made lightly or acted upon overnight unless there is a real and serious risk of harm to the child (such as in serious cases of domestic abuse or threats to the child’s life). 

Separated parents should try to reach an agreement about childcare arrangements if one parent wishes to move out of the area permanently with their child.

If no agreement can be reached, a parent can apply for a specific issue order under the Children Act. This would seek permission from the court for the child to relocate with them. 

If the relocating parent doesn’t make an application for a specific issue order but the non-relocating parent believes that there is an imminent risk of the child moving away permanently, they can make an urgent application to the court for a prohibited steps order under the Children Act 1989. This would prevent the relocating parent from taking their child away to live with them permanently. 

Finally, if there is a child arrangement order in place which states that the child should live with one parent and spend time with the other, then the resident parent would again (in theory) be free to move to another area within the UK without needing the non-resident parent’s permission, so long as the rest of the order isn’t breached. 

In some cases, there will be an order in place for shared care — so it’s inevitable that the order would be breached by the relocating parent if they decided to move away with their child without the agreement of the other parent as this is likely to materially impact the logistics of the order. 

If contact or shared care arrangements will be impacted as a result of a move and it’s impossible to stick to the terms of the order due to distance or travel logistics, then the relocating parent could be at risk of breaching the court order if they move. In these circumstances, the relocating parent should make an application to court to vary the current child arrangement order.

If you’re considering moving overseas with your child, you must first gain the consent (ideally written consent) of the other parent and anyone else who has parental responsibility.

Initially, you should always try to resolve the issue amicably, preferably through mediation or with the support of solicitors.

Where an agreement can’t be reached, you may need to apply to the court for permission.

If there is a child arrangement order in place which states that the child lives with one parent and spends time with the other, the resident parent can take the child out of the UK for up to one month (four weeks) without needing the consent of the other non-resident parent.

If someone with parental responsibility for a child isn’t named as someone with whom the child lives in a child arrangement order, they cannot remove the child from the UK without the consent of the resident parent. This would be classed as ‘wrongful removal’ and the other parent could make an application for a summary return of the child. 

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:

1. A full history of the relationship.
2. Explanation of the proposed move.
3. Suitable schools and accommodation in the proposed new area.
4. Motivations for the move.
5. Proposals for the child to spend time with the other parent.
6. 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.

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:

1. The ascertainable wishes and feelings of the child concerned (considered in the light of their age and understanding).
2. Their physical, emotional and educational needs.
3. The likely effect on them of any change in circumstances.
4. Their age, sex, background and any characteristics that the court considers relevant.
5. Any harm that they have suffered or are at risk of suffering.
6. How capable each of their parents (and any other person that the court considers the question to be relevant), is of meeting their needs.
7. The range of powers available to the court under this Act.

Yes. 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 is 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.

If the court made an order to grant the relocation or failed to grant an order to prevent the relocation or have your child returned, you can ask the court to make an order for the child to spend time with you instead. This would generally be considered by the court as part of any relocation application.

A child arrangements order can specify the time a child should spend with you and whether this contact should take place in this country or overseas.

It’s important to note that ‘contact’ and ‘spends time with’ means more than just face to face contact and can also include cards, letters, gifts, phone calls, video calls and more. The type of contact required and who is responsible for facilitating it should be specifically set out in the order to avoid any issues.