Child relocation can take two main forms: international child relocation (where one parent wishes to move their child abroad) and internal child relocation (where the move is within the UK, such as London to Birmingham).

Both situations raise sensitive legal and emotional issues, as they directly affect the child’s welfare and the relationship with both parents. This article explains the key legal principles, the role of the courts, and what parents need to know when asking questions such as “Can I move with my child without father’s permission?” or “Can I move with my child without mother’s permission?”

International Child Relocation

International child relocation is a complex and sensitive legal matter which arises when one parent wishes to move their child to another country. This decision can have significant implications for the child’s welfare and the rights of both parents involved. Personally, having grown up outside the UK and lived in several countries, I understand what it means to have a ‘home’ in different countries. Professionally, I help clients navigate through this complex and sensitive legal issue.

Whether you’re considering relocating abroad with your child and facing objections from the other parent or are concerned about your child being taken abroad without your consent, understanding your rights and responsibilities is crucial to help you achieve the outcome you want and a resolution that best serves the interests of your child. These issues are often described as international child relocation or simply child relocation.

Do I Need Permission To Relocate Internationally?

Most likely, yes. When a parent wishes to relocate internationally with their child, they must seek either the consent of all those with Parental Responsibility (which typically means the other parent with PR) or obtain permission from the court.

Taking a child out of the country without the consent of the other parent or permission of the court is considered child abduction which is a criminal offence.

Parents often ask: Can I move with my child without the father’s permission, or can I move with my child without the mother’s permission? The answer is often no, unless you have either the other parent’s agreement or a court order, you cannot relocate abroad with your child.

Initial Steps To Relocate Internationally

If you are thinking of relocating overseas with your child, planning is key. It is helpful to initiate discussions with your co-parent well in advance of your planned relocation date and seek their consent. You should demonstrate that you have considered every aspect of what your child’s life will look like in the new country and have considered the practicalities of how your child will maintain a relationship with their other parent.

If you can’t reach an agreement, mediation may help you find a resolution to move the situation forward.

If the other parent objects or if an agreement cannot be reached, the relocating parent must apply to the court for ‘leave to remove’ the child. In England & Wales, the law governing international relocation is primarily governed by the Children Act 1989. The act prioritises welfare of the child as the paramount consideration in any decision concerning their upbringing.

How Will The Application Be Decided?

When deciding whether to grant permission for leave to remove, the court will consider a checklist of factors to assess the impact on a child’s welfare:

• The child’s ascertainable wishes and feelings
• The child’s physical, emotional and educational needs
• The likely effect on them of any change in their circumstances
• The child’s age, sex, background and any characteristics of theirs which the court considers relevant – e.g. the court may look at impact of any change in culture or language on the child in light of these characteristics
• Any harm which the child has suffered or is at risk of suffering
• 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

The court will also take into consideration the following factual issues when deciding whether to grant leave to remove:

• The reasons for the proposed relocation
• Whether the country to which relocation is sought is an entirely new place or somewhere where the family has existing connections
• How the relocation will be funded and how the relocating parent will support themselves and the child in the new country
• The child’s relationship with both parents – The court will examine the quality of the child’s relationship with each parent and the potential impact of the relocation on maintaining those relationships
• Practical arrangements for contact – The court will consider how the non-relocating parent will maintain a meaningful relationship with the child following the relocation
• Whether proper consideration has been given to the child’s education, health needs, social activities, housing and support network
• The objections from the non-relocating parent – If the non-relocating parent opposes the relocation, the court will carefully consider their objections and the reasons behind them

Child Relocation Within The UK

Child relocation does not only apply to international moves; it also arises when one parent seeks to move within the UK. Internal relocation refers to moving with a child within the country, for example from London to Birmingham.

The law allows parents with a Child Arrangements (live with) Order to take children abroad for up to 28 days at a time without requiring consent from others with Parental Responsibility. Permission may however be required where one parent seeks to relocate with the child and this move will disrupt the relationship and/or time that the child spends with the other parent.

An application to the Court is required if the practical arrangements of a Child Arrangements Order (to spend time with) cannot be maintained due to the relocation. The application would be to vary (change) the existing order or in some instances to apply for a Specific Issue Order for permission to relocate. The other parent could apply for a Prohibited Steps Order to prevent the relocation.

The need for relocation can arise in many circumstances for example, a new job, new employment, new relationship, better living standards or a new relationship.

Legal Considerations For Internal Relocation

The child’s welfare remains the paramount concern of the court. In Re C [internal relocation] [2015], the Court of Appeal provided guidance on the principles to be applied in cases involving internal relocation.

The principles set out by Blake LJ are summarised as follows:

• There is no meaningful difference between internal and external relocation and ultimately both depend on the best interests of the child or children.
• The wishes, feelings and interests of both parents are important, but the welfare of the child or children will remain central to the case.
• The court is likely to still find the Payne v Payne considerations helpful as a checklist to help balance what is within the child’s best interests.

Payne v Payne guidelines are summarised as follows:

• The welfare of the child is always paramount.
• There is no presumption in favour of the applicant parents.
• The reasonable proposals of the parent with a live with order wishing to live abroad carry great weight.
• Consequently, the proposals have to be scrutinised with care and the court need to be satisfied that there is a genuine motivation for the move and not the intention to bring contact between the child and the other parent to an end.
• The effect upon the applicant parent and the new family of the child of a refusal of leave is very important.
• The effect upon the child of the denial of contact with the other parent and in some cases his family is very important.
• The opportunity for continuing contact between the child and the parent left behind may be very significant.

Usually, an application to relocate by the parent with whom the child lives is unlikely to be refused unless there are compelling reasons to do so such as strong welfare grounds or unreasonable, unrealistic or ill thought out plans. It is possible for the other parent to argue that a move is a means of frustrating the relationship between the child and themselves and therefore not in that child’s best interests.

It is important that any application is accompanied by a detailed statement setting out the plans and reasons for the relocation including details of how the child’s relationship with the other parent and family members can be maintained.

Every case is of course dependent on its own facts. If you are considering relocating with your child or find yourself opposed to the other parent’s move, it is best to obtain legal advice in relation to your position.

Internal vs International Child Relocation: Key Differences

Child relocation falls into two main categories. International child relocation involves moving abroad and requires either parental consent or a court order. Without this, taking a child out of the country could amount to child abduction.

Internal child relocation, on the other hand, refers to moving within the UK. While it does not involve leaving the country, it may still need court approval if the move significantly disrupts existing arrangements or affects the child’s relationship with the other parent.

Despite these differences, both forms of relocation are guided by the same legal principle: the welfare of the child is paramount. Courts will look at the reasons for the proposed move, the practical impact on the child’s life, and how relationships with both parents can be preserved.

For parents, the key takeaway is that any relocation plan, whether abroad or within the UK, must be carefully considered, supported by practical details, and focused on the child’s best interests. Seeking early legal advice is vital to ensure that relocation plans are realistic, fair, and aligned with the child’s welfare.

How TV Edwards can help with child relocation

International child relocation cases and internal relocation cases can be inherently complex and emotionally charged, requiring careful consideration of the child’s welfare and the rights of both parents involved.

If you are a parent seeking to relocate, or a parent seeking to keep your child in the UK, we can help you with specialist child relocation solicitors to navigate these challenging circumstances. We provide guidance, support, and representation throughout the legal process, to increase your chances of securing the outcome you want. We can also legally advise you about what to do if you want to take your child abroad.

If you are thinking of relocating with your child, or if you are concerned about your child being taken abroad without your consent, contact us on 020 3440 8000 or A_FamilyReferrals@tvedwards.com.

Disclaimer: The information on the TV Edwards website is for general information only and reflects the position at the date of publication.