Child relocation

If you are looking to move to another country, then you will still need your ex’s consent or a court order.  

If your ex thinks you are making decisions about moving away with your children without seeking their agreement, or without providing them with full information about the arrangements, they can apply to the court for a prohibited steps order. This is an order that will prevent, for example, the children being taken out of England and Wales either at all, or just until the decision has been carefully considered, and/or arrangements have been put in place.  

If your ex thinks you are making decisions about moving away with your children without seeking their agreement, or without providing them with full information about the arrangements, they can apply to the court for a prohibited steps order. This is an order that will prevent, for example, the children being taken out of England and Wales either at all, or just until the decision has been carefully considered, and/or arrangements have been put in place.  

When deciding, the judge will look at the whole picture including:   

• the reasons for the move   
• whether the desire to move is genuine  
• whether the parent wanting to move has thought about practicalities such as where they will live and where the children will go to school or nursery  
• what the impact will be on the parent wishing to go, and on the children if the court says no   
• what the impact will be on the relationship between the children and the parent left behind if the court says yes   
• how the relationship between the children and the left behind parent will be supported if the move is allowed

The judge will also consider the welfare checklist and guidance from reported court decisions. Importantly, there is no presumption in favour of either parent. The judge's focus is your children’s welfare. Moves designed to “get away” from an ex or to disrupt the relationship between a child and a parent do not get very far. If you are the one wanting to move, you should focus on the “pull” of the place you want to go to and show why the move is in your children’s best interests. 

If your ex has relocated within England and Wales without your consent or a court order giving them permission, you can apply to the court for your child to be returned. The court has the power to order your ex to move back if they cannot show that the move was in the best interests of your child. 

If your child is now living in another country without your consent or a court order, you should speak to a specialist children lawyer immediately.  

The same rules apply to both married and unmarried parents. However, one difference is that an unmarried father may not have parental responsibility for their child. Birth mothers automatically get parental responsibility and if she is married or in a civil partnership, her spouse or civil partner will also automatically have parental responsibility. Typically unmarried fathers have to acquire parental responsibility either by being registered as the father on the child’s birth certificate (provided the child is born on or after 1 December 2003) or by obtaining a parental responsibility agreement or order.  

If you want to relocate permanently, you’ll need to get the consent of the other parent and anyone that has parental responsibility for your child. If your former spouse has parental responsibility, they’ll need to agree to your international relocation with the children. If you and your ex-partner are amicable, seeking to reach an agreement through mediation or another form of collaborative discussion is encouraged.

If you’re unable to agree, you won’t be able to move abroad with your children without the consent of the court.

Permanent removal of the children without agreement from everyone with parental responsibility or agreement from the court may result in criminal charges being brought against you. It’ll also impact any future application you may need to make in relation to the children’s contact or residence.