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 of 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. Here is what you need to know.

Do I need permission to relocate?

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.

Initial steps

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 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.


How we can help ?

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

Whether you are a parent seeking to relocate or a parent seeking to keep your child in the UK, we can help you with specialist legal advice 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.

If you are thinking of relocating abroad 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.