Moving Abroad with a Child: Relocation Rules (England and Wales)

Moving Abroad with a Child: Permission, Orders and Next Steps

Relocating abroad with a child following separation is a legally complex process under the law of England and Wales. It requires careful preparation, whether through obtaining consent from those with parental responsibility or securing permission from the court. Any proposed move must be supported by a clear, well-evidenced plan that addresses the child’s welfare and the interests of both parents.

When do you need permission to take a child abroad?

Under section 13(1)(b) of the Children Act 1989, a parent cannot remove a child from the jurisdiction of England and Wales without either:

• the consent of all individuals with parental responsibility; or
• the permission of the court.

This applies to permanent relocation and, in some cases, extended stays abroad. While short holidays are often permitted (for example, where a Child Arrangements Order is in place specifying that the child “lives with” one parent, allowing travel for up to 28 days), relocation is treated as a far more significant legal step requiring formal authorisation.

If consent is not obtained, the parent must apply to the court for leave to remove the child from the jurisdiction.

What if the other parent does not agree?

Where there is no agreement between those with parental responsibility, the parent seeking to relocate must apply to the court for “leave to remove” the child from the jurisdiction. Speaking to international child relocation solicitors at this stage is strongly advisable, as the application process is demanding and the court’s expectations are high.

This application initiates a judicial assessment of whether the proposed relocation is in the child’s best interests. The absence of consent does not prevent relocation, but it does mean the court must determine the outcome.

What does the court consider in relocation cases?

The court’s paramount consideration is the welfare of the child, in accordance with the Children Act 1989. The court applies the statutory welfare checklist and adopts a holistic approach to the competing proposals of each parent.

Key considerations typically include:

• the genuineness and motivation behind the relocation application;
• the practicality and detail of the proposed plans;
• the likely impact of relocation on the child’s relationship with the left-behind parent;
• the effect on the child and the relocating parent if permission is refused;
• the feasibility of maintaining meaningful contact post-relocation.

The court closely examines the relocating parent’s proposals, including accommodation, education, financial arrangements, and contact plans with the non-relocating parent.

Case law continues to shape this area. The court must ensure that the child’s welfare is the paramount consideration, as highlighted in decisions such as Re F (A Child) and K v K (Children) (Removal from Jurisdiction). While earlier cases like Payne emphasised the relocating parent’s proposals, more recent judgments stress a holistic welfare-focused analysis, balancing the practicalities of relocation with the child’s best interests with.

The court must also evaluate the proportionality of the proposed relocation, particularly where it significantly interferes with the child’s relationship with the other parent.

How to build a strong relocation proposal

To build a strong relocation proposal, the applicant should provide detailed plans addressing accommodation, education, financial support, and contact arrangements with the non-resident parent. Evidence such as letters from schools, financial documentation, and plans for maintaining contact (e.g., travel arrangements, virtual communication) should be included. Offering to implement safeguards, such as mirror orders in the destination country, can strengthen the application

A well-prepared relocation application should be detailed, realistic, and provide evidence where appropriate. The court will expect a comprehensive proposal that demonstrates careful planning and prioritises the child’s welfare.

Key elements include:

• accommodation arrangements in the destination country;
• identified educational provision, supported by documentation where possible;
• clear financial planning, including employment or support structures;
• a structured and workable plan for maintaining contact with the non-relocating parent (e.g. holiday schedules, travel arrangements, and virtual communication).

Offering to implement safeguards, such as mirror orders in the destination country, can strengthen the application and reassure the court as to compliance.

If you’re the parent opposing relocation

If you are a parent opposing a proposed relocation, there are a number of legal options available to you. You may apply for a Prohibited Steps Order to prevent the child from being removed from the jurisdiction or seek a Child Arrangements Order to vary the child’s living arrangements. Where appropriate, demonstrating significant involvement in the child’s life can strengthen your position, particularly where that involvement reflects a consistent, meaningful, and ongoing role in their upbringing.

In responding to a relocation application, the focus should remain firmly on the child’s welfare. This includes evidencing the potential detriment arising from the move, such as the loss or reduction of a meaningful relationship with you, as well as identifying any gaps or uncertainties in the relocating parent’s proposals. The court will also consider the likely emotional, educational, and social impact on the child, making it important to present a clear and well-supported account of how relocation may affect their overall wellbeing.

In some cases, it may be appropriate to issue a cross-application for a Child Arrangements Order seeking for the child to live with you, provided it reflects a genuine, practical, and child-focused caregiving arrangement, rather than a purely reactive measure to oppose the relocation.

For temporary relocations, such as extended visits abroad to visit elderly or ill family members, the court may impose safeguards to ensure the child’s return. This is especially relevant where the destination country is not a signatory to the Hague Convention. Safeguards may include financial bonds, mirror orders, or formal undertakings by the relocating parent.

 

How a family solicitor can help

International child relocation solicitors play a crucial role in relocation cases, providing advice on the legal framework, preparing the necessary applications, and ensuring compliance with procedural requirements, including attendance at a Mediation Information and Assessment Meeting (MIAM) where applicable. Their involvement helps ensure that both applications and responses are legally robust, properly evidenced, and aligned with the requirements of the court.

In addition, international child relocation lawyers assist with gathering and presenting supporting evidence, drafting well-structured proposals or objections, and representing clients throughout negotiations and court proceedings. Given the complexity and high stakes often involved in relocation disputes, obtaining early legal advice is essential to securing a well-prepared and effective outcome.