1. Introduction to relocation
If you are separated from your child’s other parent and wish to move home, you may be wondering whether you need their consent. The answer depends on the nature of the move and the existing arrangements for your child.
As relocation is a major event in a child’s life, a relocating parent cannot proceed without the consent of the other parent (or anyone else with parental responsibility). Where an agreement cannot be reached, the court may intervene through a specific issue order. For further detail on these orders, see our article: Specific Issue Orders: A Guide for Parents.
Relocation cases generally fall into two categories: internal relocation (moving within England and Wales) and external relocation (moving abroad). Although the legal framework is broadly similar, different practical considerations may arise depending on the nature of the proposed move.
2. How the court decides relocation matters
In MK v CK [2011] EWCA Civ 793, the Court of Appeal (a higher court, the decisions of which must be followed by the lower courts) decided that the child’s welfare is the paramount consideration in such instances.
The court approaches the welfare consideration as a balancing exercise, considering all of the factors in the welfare checklist in section 1(3) of the Children Act 1989. These factors include the child’s emotional and physical needs; the likely effect of the change on the child, and any harm posed to the child. The child’s wishes and feelings are also considered, in light of their age and understanding; the court is more likely to listen to the preferences of an older child regarding where they live. From the welfare principle it follows that there is no requirement for there to be exceptional circumstances weighing for or against a move – see Re C (Internal relocation) [2015] EWCA Civ 1305.
3. Domestic Relocation: moving within England and Wales
Where one parent is moving home but remaining in the local area, consent from the other parent is not required. Nevertheless, as a matter of responsible co-parenting, the moving parent should inform the other parent if the child will be living at a new address.
Long-distance moves demand a different approach. Here, the relocating parent must obtain consent from the other parent (or any holder of parental responsibility). If this is not forthcoming, then they must seek a specific issue order from the court.
In such cases, the court is likely to consider the impact of the move on the child’s lifestyle and stability, as well as their relationships with the other parent. A key factor is the current contact that the child has with the “staying” parent, and how those arrangements might be maintained or disrupted if the child were to relocate. The importance of this factor is illustrated by the case of Re K (Internal Relocation) [2025] EWFC 285 (B), where the court rejected a mother’s application to move the child to a new region of England, on the basis that the continued day-to-day involvement of the father in the child’s life was in the child’s best interests.
4. International Relocation: moving abroad
As with internal relocation, if a parent plans to move abroad with the child, they must obtain the consent of the other parent (or any holder of parental responsibility) and, if this is not forthcoming, then they must apply to court for permission to externally relocate with the child. It is crucial for the relocating parent to follow this process because they may commit a criminal offence under the Child Abduction Act 1984 if they remove a child from the UK without consent or a court order.
The court’s approach does not differ depending on whether the relocation is domestic or international; the child’s welfare remains equally central. The court recently reiterated this consistent approach in Re V (Appeal: Relocation) [2024] EWHC 2600 (Fam).
Two recent cases illustrate how the court may assess an international relocation matter in differing circumstances, depending on the family’s circumstances. In Re O (Domestic Abuse: International Relocation) [2025] EWCA Civ 888, the court permitted the mother’s relocation with her children to the UAE. Given serious domestic abuse findings against the father, this relocation was deemed to be in the interests of the children and the mother’s safety and wellbeing. In the court’s view, the impact on the relocating parent of refusing a move is important because they are likely to be the child’s primary carer, therefore harm to the parent might indirectly cause harm to the child (see P v P [2001] EWCA Civ 166).
Conversely, in SA v JR [2025] EWFC 279 (B) the court refused permission for the mother to relocate the child to Dubai. In this case, the child’s need for a stable relationship and regular contact with the father, as well as his mixed heritage, was seen to outweigh the argument for relocation.
5. Practical considerations for relocation
When deciding on a relocation matter, the court will scrutinise whether the proposed move has been considered carefully by the applicant parent. A robust relocation plan is essential to demonstrate that the proposal is realistic and stable for the child, and to show reflection on the child’s needs. In their application, parents should show detailed consideration of factors including:
- Daily life: arrangements for the child’s schooling, accommodation, and medical needs, and the availability of social and support networks.
- Integration: language barriers that the child may face, as well as any difficulties with cultural adjustments, and how these may be mitigated.
- Contact: how the relationship with the other parent will be maintained, including travel logistics such as escorting the child during travel and funding costs.
Tip for clients: it can take time to compile a relocation plan and undergo the court process. If you are considering relocation, you should seek early advice, and avoid finalising plans until an order is issued.
6. International travel
Naturally, there is a lower threshold for permission to travel with a child, as opposed to permanent relocation.
Under section 13 of the Children Act 1989, if a parent has a “lives with” order, they may take the child on holiday abroad for a period of less than one month, without consent (providing there are no other restrictions such as prohibited steps orders). That said, it is sensible to inform the other parent if the child is going abroad.
If a parent does not have a “lives with” order, they will need consent from all holders of parental responsibility – or, the permission of the court.
Tip for clients: parental consent must be in writing (e.g. email, text, or signed document) to be upheld in court. Solely stating that the other parent verbally consented is unlikely to be viewed as sufficient evidence.
The travelling parents should also consider whether the holiday may clash with existing contact schedules before proceeding with the holiday plans. If the trip will result in missed contact with the other parent, the parent taking the child on holiday will be expected to offer alternative dates to make up for this.
7. How we can help
Relocation disputes frequently involve competing considerations which are finely balanced. While the welfare principle provides the legal framework, the outcome of an application will depend upon the individual circumstances of the child and family concerned. Careful preparation and early advice are often critical. If you or the other parent of your child is considering relocation, our specialist family barristers can assist at every stage.
- Advice and strategy: clear and practical guidance on the strength of your case, likely outcomes, and the best way to resolve the matter.
- Drafting: preparation of applications, witness statements, and supporting evidence.
- Representation: expert advocacy at all court hearings, including the FHDRA, fact-finding hearing, Dispute Resolution Appointment, directions hearing, and final hearing.
We work with solicitors and clients on a direct access basis. This means you can instruct our barristers directly without going through a solicitor. This can save time and reduce costs, while still giving you access to specialist support. Find out more about our direct access offering here.
We represent clients in London, Birmingham, Milton Keynes, Northampton, Bedford, Luton, and across the UK.
You can contact us to book an initial consultation.
8. About us
Billal Malik and Zubair Mughal are barristers who practise in family court disputes including relocation applications, child arrangements proceedings and domestic abuse allegations.
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