Disputes sometimes arise when one parent wishes to move home with a child and the other objects. The move may be to another part of England and Wales or abroad. The law does not give an automatic right to relocate. Each case depends on what is best for the child, and the courts will always put the child’s welfare first.

Moving within England and Wales

If the proposed move is within England and Wales, the parent does not automatically need the other parent’s consent. However, if the move would significantly affect the child’s relationship with the other parent, schooling or living arrangements, the court may need to decide.

In 2015, the Court of Appeal confirmed that there is no special rule for “internal relocation.” Instead, the court must look at the child’s overall welfare. This includes where they will go to school, what support is available, and how they will maintain a relationship with the other parent.

Moving abroad

Relocation outside the UK is treated differently. Removing a child from the country without the required consent or a court order can amount to child abduction.

The law states that all those with parental responsibility must agree before a child can be taken abroad. If agreement cannot be reached, the parent who wishes to move must apply to the court for permission.

The only exception is where a court order already says the child “lives with” one parent. In that case, that parent may take the child abroad for up to 28 days without further consent, unless the court has specifically restricted this.

The child’s welfare

In deciding whether a relocation should be allowed, the court applies the welfare checklist in the Children Act 1989. Factors include:

• the child’s wishes and feelings, taking account of age and understanding
• the child’s needs, including education, health and emotional wellbeing
• the likely effect of any change in circumstances
• the child’s background and family relationships
• the ability of each parent to meet the child’s needs
• any risk of harm, including domestic abuse

There is no presumption for or against relocation. The judge will compare the proposals of each parent and decide which best serves the child’s interests.

What the court looks at in practice

While every case is different, certain practical issues often come up:

• Reasons for the move – whether it is linked to work, family support, education or lifestyle.
• Impact on relationships – how the child’s bond with the other parent will be maintained, through visits, school holidays or indirect contact.
• Schooling – whether a place is available and what transition arrangements are proposed.
• Housing and support – whether the relocating parent has secure accommodation and family or childcare support.
• Finances and travel – how realistic and affordable the arrangements are for ongoing contact.
• Safety concerns – if there are allegations of domestic abuse or safeguarding issues, these will be carefully assessed.

The court will weigh up all these factors in deciding whether the move is in the child’s best interests.

The process

Where parents cannot agree, either may apply to the court. The relocating parent can seek a specific issue order asking for permission to move. The other parent can apply for a prohibited steps order to prevent the move. In either case, the judge will decide based on the child’s welfare.

Before most applications, parents must usually attend a Mediation Information and Assessment Meeting (MIAM), unless there is an exemption such as urgency or domestic abuse. The aim is to see if the dispute can be resolved without going to court.

If the case does reach court, it will usually involve evidence from both parents, and may include reports from Cafcass (the Children and Family Court Advisory and Support Service). The court aims to resolve these cases promptly, as uncertainty can be unsettling for the child

After Brexit

Relocation abroad may also raise issues of jurisdiction and international cooperation. Since the UK left the EU, these matters are mainly governed by the Hague Convention and domestic law.

The key principle is the child’s “habitual residence,” which usually means the country where the child is settled. If a child is taken abroad without consent, international agreements may help secure their return, but the first step is always to obtain permission before leaving.

Practical advice for parents

• Check existing orders – if there is a child arrangements order, it may already cover travel or residence.
• Seek consent early – provide clear details of where you plan to live, schooling, contact and financial arrangements.
• Consider mediation – many disputes can be resolved through discussion with professional help.
• If in doubt, apply to court – do not risk moving abroad without consent or a court order. Doing so can lead to serious legal consequences, including child abduction proceedings.

Key points to remember

• There is no automatic right to relocate with a child.
• Moves within England and Wales may still be challenged if they disrupt existing arrangements.
• Moves abroad always require consent of all with parental responsibility or a court order, except for the limited 28-day holiday rule.
• The child’s welfare is paramount and guides every decision.
• Courts look at practical arrangements such as schooling, housing, family ties and how contact with the other parent will be maintained.

Relocation cases are often complex and emotionally charged, but the guiding principle is always the child’s welfare. Parents considering a move should seek agreement where possible, and if not, be prepared to show the court clear and practical proposals that support the child’s needs and preserve family relationships.

Taking legal advice early can help avoid mistakes and ensure any move is handled lawfully.