Skip to main content
Advice

Can I move away with my child? Child relocation as a single parent in England and Wales

Our family law experts explain what happens when you start to consider whether to move with your child.

There are many valid reasons why you may need or want to move with your child within England and Wales. You may have been offered a new job, want to live nearer family following your separation, or hope you will have a better lifestyle elsewhere.

If a single parent wants to relocate within England and Wales they do not require the consent of either the other parent or the court. However, if one parent opposes the other’s plans to relocate, either parent could make an application to the court.

Our family law experts explain what happens when you start to consider whether to move with your child.

Do I need permission from the other parent?

Technically, there is no legal requirement for permission to relocate a child within England and Wales, (subject to any court orders that might be in place). If you have parental responsibility, meaning you have legal rights and duties relating to your children’s upbringing, you do not require the consent of either the other parent or the court to move a child anywhere within the country.

In this way, internal relocation differs from moving a child outside of the UK, which you cannot do unless you have the consent of everyone who has parental responsibility. To do so would be child abduction under the Hague Convention and a criminal offence in the UK.

However, the family court focuses on cooperation between parents wherever possible and you should therefore keep everyone informed of your intentions and consult your child’s other parent about any intention to move. Making the decision to unilaterally move your child without the consent of the child’s other parent could place you in a vulnerable position, especially if current child arrangements would be impacted by the move.

In Re M (A child) a mother took her child from London to Newcastle and the father applied for a Child Arrangement Order, (CAO), for the child to live with him in London. As the judge could not order the mother to return to London he ordered that the child live with the father, but that if the mother moved to London the child would live with both parents under an equal shared time arrangement. This demonstrates what can happen if you take a unilateral decision to move your child without the consent of their other parent.

What is the process?

If there is a Child Arrangement Order in place which states that your child live with you, you may be able to relocate your child without following any kind of legal process — if the other parent agrees and the child arrangements are not impacted.

However, if the move would breach the terms of a Child Arrangement Order and the other parent opposes the move, you will need to make an application to court.

If you want to move, the correct approach is to apply for a Specific Issue order under Section 8 of the Children Act 1989. This is a court order used to establish and decide on specific issues related to child matters.

Can you stop relocation?

If the child’s other parent wants to stop you moving away there are several ways they could do this.
You could be requested to give an undertaking that you will not relocate your child pending an agreement or a court order.

The child’s other parent may make an application for a Prohibited Steps Order, preventing you from taking the child.

They could apply for a Specific Issue Order, asking the court to address a specific issue such as that your child continues to be educated at a particular school. This would obstruct a move pending agreement or the ultimate decision of the court.

How does the court decide?

Below is a short summary of the relevant case law and the principles the court must apply in determining relocation cases within England and Wales, (‘internal relocation’).

Child Welfare

This area of law has developed significantly in recent years.

Decisions in child relocation cases hinge ultimately on the welfare of the child, as this is the court’s paramount consideration and the governing principle in these types of cases. The wishes, feelings and interests of the parents and the likely impact of the decision on each of them are of great importance, but only in the context of evaluation and determining the welfare of the child.

The welfare checklist lists the factors the court will take into account when deciding what is in the best interests of the child. This includes the wishes and feelings of the child, (taking into account age and understanding), their physical, emotional and educational needs as well as the likely effect on any changes to circumstances, amongst other factors. The full list is as follows:

  • the ascertainable wishes and feelings of the child concerned, (considered in the light of their age and understanding)
  • physical, emotional and educational needs
  • the likely effect on them of any change in their circumstances
  • age, sex, background, and any characteristics of theirs which the court considers relevant
  • any harm which they have suffered or are 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, are of meeting their needs
  • the range of powers available to the court under the Children Act 1989 in the proceedings in question.

Assumption of parental involvement

The assumption exists that the involvement of both parents is in the best interests of the child, unless the circumstances of the individual case show that it would not be in the child’s best interest, for example if they are at risk of domestic abuse or there have been allegations of violence.

This assumption is still secondary to the child’s welfare, which remains the paramount consideration rather than any automatic assumption of 50:50 shared care applying. However, it remains an important factor.

Exceptional Circumstances

The court in the case of Re C confirmed that there is not a rule that prevents moving a child unless there are exceptional circumstances. The case confirmed that a court would be resistant to prevent a parent from exercising their choice where to live in England Wales unless the child’s welfare required it.

If you wish to make or oppose applications of this nature our family law solicitors can help, from providing the initial advice, guiding you through the Court process to presenting your case in the strongest possible way.

If you'd like more information and support regarding the laws around moving location with a child, please speak to our expert family law solicitors.

Sectors and Services featured in this article