Relocation including internal and international

Child relocation after a divorce or separation can be a really difficult issue to face

Contact our family law experts for clear advice about a UK or international child relocation

Relocation including internal and international

Child access arrangements are usually straight forward to manage when both parents live near to each other. Sometimes, however, one parent may want to relocate with the child to a new area, some distance away from the other. We encounter various reasons for this. The parent:


  • has met a new partner
  • wants to move closer to family
  • has found a job elsewhere
  • wants to make a fresh start
  • want to move away from the ex-partner
  • needs to reduce living costs

Whatever the reason, this situation can cause considerable upset and stress, particularly for the parent potentially left behind, and it often leads to significant conflict.

We act for mums and dads on both sides of the issue. To minimise the impact on the child, our children and family solicitors strive to find a solution acceptable to all involved without needing to go to court. If one parent is intent on the move, negotiations will focus on matters such as the frequency of visits to or by the remaining parent, and associated travel costs.

If a couple cannot reach agreement amicably, the parent who wants to relocate can apply for the Court’s permission, or the remaining parent can ask the Court to prevent the move.

The law governing child relocation is complex and difficult to navigate, with different rules applying to proposed moves within England and Wales and outside of it. Our specialist children and family solicitors will comprehensively advise you on your options and work hard to ensure your interests are protected, with regard to the welfare of your children at all times.

Frequently Asked Questions

What legal steps can a parent take to prevent relocation of their child within the UK?

If you’re the parent with primary care, you do not have a specific obligation to apply for court permission to relocate within England and Wales. It is, however, considered good and responsible parenting to let the other parent know, and provide full details of the proposed move with plenty of notice beforehand.


If you’re planning on moving with your child or children from England or Wales to another part of the UK and you don’t have the consent of the other parent, then a ‘specific issue order’ should be obtained well in advance.


If you’re the other, remaining parent and you do not want your child or children to move within the UK, you can apply to the family court either for


  • a condition to a residence order. This condition may prevent a parent moving the child from a particular geographic area, for example a city or county

What are the legal requirements for relocating abroad with a child?

If you are a mum or dad seeking to relocate abroad permanently with your child, you need to have either:


  • the consent of the other parent (preferably in writing); or

  • the permission of the Court

Permission may not be needed when only one parent has parental responsibility and that parent wishes to relocate, but we advise you to always seek legal advice. To do so, of course, is also responsible parenting.


Not seeking legal advice for relocation abroad carries a significant risk. If you relocate without the consent of the other parent or permission of the Court, you could be guilty of child abduction, which is a criminal offence. 


Because of the distance an international relocation typically puts between child and remaining parent, applications to move abroad with a child are a complex balancing act. Not surprisingly, they tend to spark strong emotions and conflict. While one parent fears having much reduced contact with their child, the other fears being prevented from moving to their preferred country.


In all cases, the welfare of the child is the Court’s primary consideration.

What factors do courts consider when deciding on child relocation requests?

In England and Wales, when a parent applies to relocate a child after separation, the family court prioritises the child's welfare above all else. This is what the court will consider:


  • The child's own wishes and feelings - taking into account their age and level of understanding. The court's decision won't only depend on a child's stated preference, especially for younger children
  • The child's needs - the child's physical, emotional and educational needs will be assessed. This will include things like the child's health, stability in their current environment and access to education and support networks
  • The impact of the move - will the relocation seriously disrupt their schooling, friendships and relationship with the other parent. The court will weigh this against the potential benefits of the move for the child's overall well-being
  • The applicant parent's reasons for relocation - are these legitimate reasons, such as a new job opportunity, improved living conditions or being closer to family support?
  • Maintaining contact with the other parent - the court will consider how the relocation will affect the child's relationship with the parent left behind. A judge will look at the feasibility of maintaining regular and meaningful contact through visits or video calls
  • Other relevant factors - such as the child's extended family network in both locations, the applicant parent's ability to provide for the child's needs in the new location, and any potential risks associated with the new environment

It is important to note that the court won't automatically grant you permission to relocate with your child - you need to prove that the move is in the child's best interests. Remember, the child’s welfare is the paramount consideration here.


If the court denies the application, they may consider alternative arrangements, such as increased contact time with the other parent or mediation to find a solution that works for everyone involved.

What key factors should parents consider when applying for child relocation?

Our family law specialists have many years’ experience of helping parents successfully apply for relocation. These are some of the key factors that we encourage you to consider when making an application:


  • Your reasons for wanting to relocate

  • Where you propose to live

  • How you intend to fund the move

  • How far you will be from your support network of family and friends

  • What the new location has to offer the child, such as nurseries and schools, and medical facilities

  • Your proposed employment, including working hours and who will care for your child while you work

  • Plans for maintaining contact between the child and the other parent

  • Impact of changes in language and culture on the child

What are the best ways to resolve child relocation disputes amicably?

Child relocation is without question one of the most common causes of upset and conflict in a divorce or separation, and it’s not unusual for a parent to want to relocate with their child when the split happens. 


Our advice is always that an amicable, non-confrontational approach to resolving the issue between parents is the best one, including where a child lives. How can this be achieved? These options include:


  • Mediation - you may feel that you can discuss children issues with your ex-partner, including where you child will live, but would benefit from some support when you don’t see eye to eye 

  • A collaborative family law process - here, you and your ex-partner work with your lawyers to negotiate arrangements for your child or children

  • Arbitration - you and your partner appoint an arbitrator who assesses your situation and makes a decision that is final and binding between all parties 

An amicable agreement on relocation can be part of child arrangements agreed by you and your ex-partner out of court. If this is your preferred route, our children and family law solicitors will talk through the choices available to you and work with you to choose the most suitable approach for your situation.

How can a parent successfully oppose a child relocation application?

An amicable child arrangement is not always possible, and this is certainly the case in regard to child relocation, internal and external.

Although it is true that many relocation applications are successful, you can successfully oppose an application with careful planning and preparation. Remember, the child’s welfare is the court’s number one priority, so this must be your priority too when you make your case.

Your application will need to lay out information such as:


  • the adverse potential impact on the child, including loss of his/her roots, friendships and wider family

  • why it is in the child’s best interests to remain where they are 

  • the impact on the child’s education, health and recreational activities

Your first reaction to hearing about the relocation plans may instinctively be to vehemently oppose the application. Our advice is to talk to our experienced team about the prospects of success and the likely best interests of the child. It may be better not to oppose the application but rather focus on getting safeguards in place to make sure you retain very good future contact before the relocation goes ahead.

Belderbos Solicitors is ready to help

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