Amber Kennedy, an expert in parental legal rights, shares essential information for separated parents considering relocating with their child. Relocation cases remain one of the most complex and emotionally charged areas of private children law, requiring careful legal analysis and early strategic advice.
What is relocation?
Relocation occurs when one person (usually a separated or divorced parent) wishes to move with their child to a different area, whether within the UK (internal relocation) or abroad (external relocation).
Common reasons for relocating with a child after divorce or Separation
Parents may seek to relocate for various reasons, including:
- Employment opportunities: A parent receives a job offer or career advancement in another region or country.
- Family support: Moving closer to relatives for emotional and practical support, often post-separation.
- New relationships: Forming a new relationship with a partner who lives in another location.
- Lifestyle improvement: Belief that a new location offers a better quality of life for the child.
While such motivations are no doubt genuine, the court’s primary focus remains firmly on the child’s welfare, rather than the parent’s preferences.
Understanding parental rights and legal considerations
How far can I move with my child?
There is no strict legal limit on how far a parent can move with their child. However, maintaining the child’s meaningful relationship with both parents is typically in their best interest. The further the relocation, the greater the potential impact on these relationships.
Moving abroad with your child
If no child arrangements order exists, you need written consent from all individuals with parental responsibility. Without consent, you must obtain court permission.
If a child arrangements order is in place:
- Living with you: You cannot take your child abroad for more than 28 days without the consent of all individuals with parental responsibility or the court’s approval.
- Spending time with you: Written consent or court approval is mandatory, regardless of parental responsibility.
Failure to follow these procedures could lead to accusations of child abduction, resulting in legal action for the child’s return.
What if my ex-partner agrees to the relocation?
Consider obtaining a child arrangements order by consent. This order formalises the agreement, reducing the risk of your ex-partner withdrawing consent unexpectedly. If you are relocating abroad, you may wish to explore whether any mirror order should be obtained in your destination country which protects the agreement you have reached and gives it legal standing in that country.
What if my ex-partner refuses to agree?
You can apply to the court for permission to relocate. The court will assess whether the move is in your child’s best interests, evaluating factors like educational opportunities, emotional needs, and the impact on their relationship with the other parent.
Court considerations in relocation cases
Key factors the court will assess include:
- The child’s wishes (age-appropriate)
- Emotional, physical, and educational needs
- Impact of the relocation on family dynamics, including any practical and emotional impact on the child
- Ability of each parent to meet the child’s needs
- Potential harm from changes in circumstances
Recent cases (Re K (Internal Relocation) [2025] EWFC 285 (B) and Re O (Domestic Abuse: International Relocation) [2025] EWCA Civ 888) confirm the judiciary’s established position that relocation applications must be determined through a holistic assessment of all realistic options, firmly grounded in the principle that the child’s welfare is paramount.
In assessing relocation proposals, the court focuses on the quality of the evidence, the realism of the plans put forward, and the child’s lived experience, considering how the child’s daily life would look if they stayed or moved, and the short- and long-term impact of each option. A well-prepared case that stands up to this level of scrutiny is therefore crucial.
Costs and timeframes for relocation applications
- Legal costs: Vary depending on whether the application is by consent or contested.
- Time frame: Court applications may take 9 to 12 months, or longer in complex cases.
How to approach relocation discussions with your ex-partner
Open communication is key. Mediation can be a helpful way to reach an agreement and can provide a valuable role in facilitating discussion and narrowing disagreements. Tees offers expert mediation services through qualified partners Helen Midgley and Clare Pilsworth.
Get expert legal advice
Relocation cases are increasingly common and fact specific. Seeking legal advice early can enable you to present a realistic, child-focused proposal. . Contact our specialist solicitors at 0800 013 1165 for personalised guidance tailored to your circumstances.
