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Planning to relocate with your child after divorce? What parents need to know

After a divorce, moving closer to family or finding a better job opportunity to support your child may be the right step for you.

When deciding to relocate with your child, it can be an emotionally challenging situation for both parents and comes with legal requirements.

With open communication and formal permission, a relocation agreement can be made and if this is not possible, legal support may be required.

What is child relocation?

Child relocation refers to a parent moving with their child either within England and Wales or elsewhere within the UK or abroad.

While moving within England and Wales is not automatically restricted, you must consider how the move will affect your existing child arrangements.

If both parents hold parental responsibility, you must get consent from the other parent or from all individuals who have responsibility.

Without that consent, you may need to apply to the court for permission and understanding this process is important.

When is consent or a court order required?

Moving can be a difficult time for anyone and staying compliant with the additional legal requirements can be overwhelming.

If you have a Child Arrangements Order already in place that specifies where your child lives, relocating without the other parent’s consent could breach this.

Even without a formal order, any move that would significantly disrupt your child’s routine or reduce their time with the other parent may lead to legal intervention.

If the other parent does not agree to the move, you can apply for a Specific Issue Order, which is determined and granted by the family court to resolve matters on child arrangements.

Until the matter is resolved, the objecting parent may apply for a Prohibited Step Order to stop the relocation.

If you decide to relocate with your child to Scotland, Northern Ireland or internationally, it is a cross-border matter and complying with differing laws is crucial.

Seeking out legal support can help assess your situation and inform you of the current laws and orders that apply to you.

These legal procedures can be time-consuming, so it is important to prioritise open communication and mediation before these steps are taken.

How does the court decide?

The court’s decision will centre around your child’s welfare, however other factors are assessed.

These can include:

The child’s wishes, dependent on their age
Their emotional and physical needs
Their education
The impact of the move on relationships with both parents
Each parent’s ability to meet the child’s needs
Risks of harm or instability
Practicality of long-distance contact

How to start your relocation?

When considering relocating with your child, you should gather evidence to prove that the move is well-planned and beneficial for them.

This can include housing and schooling options, employment prospects, financial stability, local support networks and travel for regular contact with the other parent.

Finding a resolution can be challenging for everyone involved, but our team can help make sure you create a clear plan and help you come to a fair agreement.

If you want to know your rights when relocating your child, contact our specialist family lawyers today for tailored advice and guidance.

Elaine Collins

Senior Associate

I have spent several years specialising in complex private children matters including situations where one parent lives outside of the UK’s jurisdiction, requiring urgent applications to safeguard children and change of residence.

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