A parent may wish to move to another part of the UK with their child following separation.  This could be for a number of reasons such as to be closer to family and friends for support, to access more affordable housing or gain access to better employment opportunities.  Where children are involved, relocation is not simply a personal decision and there are practical considerations alongside legal implications.  Depending on who has parental responsibility for the child, it is likely that the parent wishing to move will either need the consent of the other parent or an order of the Court. 

Understanding Internal Relocation Laws in the UK

Internal relocation means moving to another part of England or Wales or moving from England or Wales to another part of the UK. 

In England and Wales, internal relocation is governed by the Children Act 1989.  If an application is made to Court for a specific issue order for permission to relocate or if an application is made to Court for a prohibited steps order to stop a move, the Court’s primary consideration will be the child’s welfare and whether the proposed move is in the child’s best interests. 

Do You Need Permission to Relocate Within the UK?

If a parent wishes to relocate with their child within the UK, they will need the consent of everyone who has parental responsibility for the child or an order of the Court.  A parent can of course move house within the area they already live in if this will not affect contact with the other parent or necessitate a change in schools.  However, if the move would mean there needs to be a change in the contact with the other parent due to the distance or a change in school for the child, then permission will be required either from everyone who has parental responsibility for the child or from an order of the Court.  

For more information on parental responsibility, please see our previous article Parental Responsibility: What Does It Really Mean in Law?

Relocation proposals are often a source of disagreement between parents.  A move may reduce the amount of time a child spends with the other parent or make regular contact more difficult. It is sensible therefore to have a well thought out plan for how the child’s relationship with the other parent can be maintained before proposing the move to the other parent.

How Courts Decide on Internal Relocation Disputes

In determining whether a proposed move can go ahead, the Court would be considering the welfare checklist.  The welfare checklist is contained within section 1 of the Children Act 1989 and includes:

(a)the ascertainable wishes and feelings of the child concerned (considered in the light of their age and understanding);

(b)the child’s physical, emotional and educational needs;

(c)the likely effect on the child of any change in their circumstances;

(d)the child’s age, sex, background and any characteristics of theirs which the court considers relevant;

(e)any harm which the child has suffered or is at risk of suffering;

(f)how capable each of their parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting their needs;

(g)the range of powers available to the court under the Children Act 1989 in the proceedings in question.

The Court would also be considering whether there is a well thought out plan for the proposed move and how the child’s relationship with the other parent could be maintained. Things to be thinking about include:  

  • Where the child would live following the proposed move. 
  • Where the child would go to school. 
  • Which GP Surgery and Dental Practice the child would be registered with. 
  • The support network (such as family and friends) in the area.  
  • What the parent would do for work following the proposed move.
  • How a relationship with the other parent could be maintained following the move and what contact could look like following the move. 

Practical Steps Before Making the Move

Before raising the possibility of a move, it is sensible to carry out detailed research into the area and to be able to put forward proposals in relation to the above bullet points.  The more thought that has been given to housing, schooling, employment and contact arrangements, the easier it will be to explain why the move would benefit the child. It would be sensible to take legal advice early on if considering a potential move, to take advice regarding whose consent is needed for the move to take place and in relation to any application to Court. 

When to Seek Legal Advice on Relocation

Early legal advice in internal relocation cases is important given how contentious a proposed relocation can be.  A solicitor can offer advice in relation to the points to be considering before proposing a move, correspondence with the other parent regarding a proposed move and any application to Court regarding a proposed move as well as the Court process.

Every relocation case will depend on its own facts, and disputes can quickly become complex and emotionally charged.  Seeking legal advice at an early stage can help parents understand their options, assess the strength of their position and, where possible, avoid unnecessary court proceedings.