When parents separate, it is common for one parent to consider moving to a different part of the UK. The reasons are often entirely understandable: a new job opportunity, more affordable housing, a desire to be closer to family support networks, or simply the wish to make a fresh start after a difficult period. However, when children are involved, a move that appears straightforward can quickly become legally complex.
Although parents with care of a child are generally free to make many day-to-day decisions, relocating with a child can significantly affect the child’s relationship with the other parent. If the proposed move would make existing arrangements difficult or reduce meaningful involvement by the other parent, siblings or family, disagreements can arise. In some cases, the parent who objects to the move may apply to the court to prevent a move from happening or to seek changes to the child’s living arrangements.
The law in England and Wales places the child’s welfare at the centre of any decision concerning their upbringing. This means that while a parent’s reasons for moving are relevant, they are not the deciding factor. The court’s primary concern is whether the proposed move is in the child’s best interests. If you are considering relocating with your child after separation, it is important to understand your legal position before making firm plans, and that you spend some time thinking about how the move is in the child’s best interests. Obtaining advice at an early stage can help avoid disputes and protect your child’s welfare.
What Is Internal Relocation and How Does It Differ From International Relocation?
Internal relocation refers to a parent moving with a child to another location within the jurisdiction of England and Wales, or elsewhere within the UK. Examples might include moving from Cornwall to Manchester, Bristol to Leeds, or London to Newcastle. This differs from international relocation, where a parent seeks to take a child to live permanently outside the United Kingdom.
Although international relocation cases bring in some additional legal considerations, the premise and message to parents is that if the move would substantially affect existing arrangements for the child, it is not a decision which can be made without regard to the rights of the other parent. As a result, they often require either the consent of everyone with parental responsibility or permission from the court before the child can be moved within the UK.
The key legal principle in both internal and international relocation cases is the same: the child’s welfare is paramount. Courts no longer treat relocation cases by applying special tests. Instead, judges assess all the circumstances using the welfare principles contained within the Children Act 1989 and determine which outcome best promotes the child’s welfare.
Understanding this is important because it helps parents recognise that internal relocation is not simply a matter of personal choice. Even where a move is motivated by genuine and positive reasons, careful thought must be given to how the child’s relationship with the other parent will be maintained and how the move will affect the child’s overall wellbeing.
Do I Need Permission to Move With My Child Within the UK?
Generally the answer is yes, either from the other parent or person/s who hold parental responsibility for the child or from the court.
If both parents have parental responsibility, major decisions affecting a child’s upbringing should be made jointly wherever possible. Relocating a child a significant distance can fall into this category, particularly where the move affects schooling, contact arrangements or the child’s relationship with the other parent.
Where there is a Child Arrangements Order specifying where the child lives or how time is spent with each parent, a proposed move may require changes to those arrangements. If agreement cannot be reached, either parent can apply to the court. The parent wishing to move may seek a Specific Issue Order which orders that the move can take place, while the other parent may apply for a Prohibited Steps Order to prevent the relocation.
Even where there is no court order in place, moving without discussing the matter with the other parent can create significant difficulties if there is not agreement. The other parent may argue that the move undermines their relationship with the child and seek urgent court intervention. Courts have shown a willingness to order a child’s return where a relocation has taken place without proper consideration of the child’s welfare or the impact on the other parent’s involvement. The same orders are available to the court to make.
The safest approach is usually to discuss proposals at an early stage, provide details of the reasons for the move and seek agreement wherever possible. If agreement cannot be reached, obtaining legal advice before relocating is strongly recommended.
Learn more about Parental Responsibility and how it affects decision-making for children.
What Factors Do Courts Consider in Internal Relocation Cases?
When determining an internal relocation dispute, the court’s overriding consideration is the child’s welfare. The welfare checklist contained within section 1 of the Children Act 1989 provides the framework for the court’s assessment.
Several factors are likely to be particularly important:
The Child’s Relationship With Each Parent
The court will carefully consider how involved each parent currently is in the child’s life and whether the proposed move would reduce meaningful involvement. If relocation would significantly limit frequent contact or make participation in day-to-day parenting difficult, this is likely weigh against the move.
Educational and Emotional Needs
Judges will examine how the move would affect the child’s schooling, friendships, extracurricular activities and emotional wellbeing. Evidence of suitable schools, continuity of education and support networks can strengthen a relocation proposal.
Practical Arrangements
The court will expect a well-developed relocation plan to be filed with any application for a move. This includes details about housing, employment, childcare arrangements, travel arrangements and how contact with the other parent will be maintained. Applications based on aspirations rather than evidence are not likely to succeed.
The Child’s Wishes and Feelings
Depending on the child’s age and level of understanding, their views may be taken into account as part of the welfare assessment. However, the child’s wishes are only one factor among many and are not the deciding factor.
The Impact of Change
Relocation often involves major changes in a child’s life. The court will weigh the potential benefits of the move against any disruption that the child might experience through changing schools, leaving friends behind or altering existing family relationships, what is also important is how that child is able to cope with such changes.
Ultimately, successful applications tend to be those that demonstrate clear benefits for the child while preserving a meaningful relationship with both parents whenever possible.
How Can Disputes About Relocation Be Resolved Amicably?
Court proceedings can be stressful, expensive and time-consuming for everyone involved, particularly children. For that reason, parents are usually encouraged to explore alternatives before litigation becomes necessary. I would always advise parents to be open with the other parent if they are thinking about relocating with their child, as it is always in the child’s and everyone else’s interests, to try and reach a solution or working agreement which either helps that happen, or achieves an alternative everyone is happy with.
If it is not possible to reach an agreement between you and the other parent, the next good option is to consider family mediation. Mediation allows parents to discuss concerns with the assistance of an independent mediator who helps them work towards practical solutions, if an agreement is reached, then court orders can be applied for with consent of both parents. Discussions can also cover other issues such as travel arrangements, holiday contact, schooling and communication methods.
Practical Tips for Parents Considering Relocation
If you are planning to move away with your child after separation, preparation is essential.
Start by discussing the proposed move with the other parent as early as possible. Providing clear information about the reasons for relocation and the expected benefits for the child can help avoid unnecessary conflict.
You should also prepare detailed evidence covering:
- Proposed housing arrangements.
- School options and admissions information.
- Employment or financial arrangements.
- Childcare and family support networks.
- Travel and contact proposals.
Demonstrating how the child will maintain a strong and meaningful relationship with the other parent is often one of the most important aspects of any relocation proposal. Consider practical arrangements for weekends, school holidays, video calls and travel commitments and ensure these focus on how the proposals meet the childs needs.
Finally, seek legal advice before making irreversible commitments such as purchasing property or enrolling a child in a new school. Early advice can help identify potential issues and improve the prospects of reaching an agreement without court intervention.
Relocation can offer significant opportunities for both parents and children, but careful planning and a child-focused approach are key to ensuring a smooth transition.
For advice tailored to your circumstances, contact our Family Law team.