A divorce or separation, a new work opportunity, a new relationship or another change in circumstances may mean one parent wants to relocate with their child, either elsewhere in England and Wales or overseas.
But can you move away with your child after separation? The answer depends on where you are moving, who has parental responsibility, whether there is an existing court order and whether the other parent agrees.
Can I relocate within England and Wales with my child?
There is generally no requirement to obtain permission simply to move with a child within England and Wales. However, if the other parent objects, or the move would significantly affect the child’s relationship with them, schooling or existing arrangements, the issue may need to be determined by the Family Court.
The court can make a Specific Issue Order to determine whether the move should take place or a Prohibited Steps Order to prevent the move.
Can I move abroad with my child?
International child relocation requires particular care. A parent should not assume that because the child lives with them, they can permanently relocate overseas without the necessary consent.
A child cannot generally be removed from the UK without the written consent of everyone with parental responsibility or permission from the court. However, if there is an existing a Child Arrangements Order, a person named in the order as someone with whom the child is to live may generally take the child abroad for less than one month without that consent, unless the order states otherwise.
Taking a child abroad without the necessary consent or court permission, or in some circumstances keeping a child abroad beyond an agreed or authorised period, may amount to the criminal offence of child abduction.
How does the court decide a child relocation application?
The child’s welfare is the court’s paramount consideration. Where applicable, the court will consider the statutory welfare checklist under the Children Act 1989, including:
- the child’s wishes and feelings, taking account of their age and understanding;
- their physical, emotional and educational needs;
- the likely effect of the proposed move; and
- their relationship with each parent and how this would be maintained.
Every relocation case will turn on its individual circumstances.
Frequently Asked Questions
Can my ex-partner object to me moving away with our child?
Yes. If agreement cannot be reached, they may apply to the Family Court, for a Prohibited Steps Order. The court will consider the child’s welfare.
Do I need my ex-partner’s permission to move abroad with my child?
You will need the consent of those with parental responsibility or permission from the court.
What if we agree about relocation?
It is sensible to record the agreement clearly, including arrangements for the child to spend time with the other parent.
Need advice about relocating with your child?
Whether you are planning to relocate with your child or are concerned about a proposed move, our Family Law team is experienced at advising on child relocation, parental responsibility, Child Arrangements Orders and Family Court applications. If you need support on child arrangements following separation, contact Madia Aslam and our Family law team to discuss your circumstances and the options available to you.