Relocating with children

Moving within the UK

There’s no law that prevents you from moving anywhere within England and Wales (or the wider UK) after separation. You don’t need permission from your ex-partner or the court to relocate.

However, if you have children, a move that significantly affects their relationship with their other parent can lead to legal challenges.

When there’s no court order

If there’s no Child Arrangements Order in place, either parent can technically move wherever they like with the children. But the other parent could apply to court for an order preventing the move or requiring the children to live with them.

Courts will consider whether the move is in the children’s best interests, weighing factors like:

• Why you want to move (job, family support, new relationship)
• The impact on the children’s relationship with the other parent
• Whether workable contact arrangements can be maintained
• The children’s own wishes (depending on age)
• The children’s ties to their current community (school, friends, activities)

When there’s a Child Arrangements Order

If a Child Arrangements Order says your children “live with” you, you can take them anywhere in the UK without specific permission, unless the order says otherwise.

However, if the move would make existing contact arrangements impractical, the other parent can apply to court to vary the order or prevent the move.

Practical considerations

Even if you’re legally free to move, consider:

The impact on your children: Will they lose important relationships and support networks? How will they feel about the move?

Contact practicalities: If you move far away, how will the children maintain their relationship with their other parent? Who will cover travel costs?

The other parent’s likely response: Will they accept the move or fight it in court?

Timing: Moving mid-school year or during a difficult adjustment period may not be in your children’s interests.

Discussing the move with your ex-partner before it happens – even if you don’t legally have to – often leads to better outcomes for everyone.

Taking children abroad temporarily

Taking your children on holiday abroad requires more caution.

If there’s a “lives with” order

If a Child Arrangements Order says the children live with you, you can take them abroad for up to 28 days without the other parent’s consent or court permission.

However, you should:

• Give the other parent reasonable notice
• Provide travel details
• Not disrupt agreed contact arrangements

For trips longer than 28 days, you need either consent from everyone with parental responsibility, or permission from the court.

If there’s a “spends time with” order

If you only have a “spends time with” order (meaning the children live with the other parent), you cannot take them abroad at all without consent from everyone with parental responsibility, or court permission.

If there’s no order

Without any court order, technically neither parent needs permission to take children abroad. However, the other parent could seek an emergency court order to prevent travel if they object.

Getting consent

Written consent is safest. A simple letter confirming:

• The other parent agrees to the trip
• The destination and dates
• Their signature

This can prevent problems at border control, where officials may ask questions about children travelling with one parent.

If consent is refused

If the other parent won’t consent and you believe the trip is reasonable, you can apply to court for a Specific Issue Order allowing the travel.

Courts generally permit reasonable holidays but may impose conditions (like holding the children’s passports, providing an itinerary, or requiring a bond).

Relocating abroad permanently

Moving to another country with your children is significantly more complex. You cannot do this without either:

• Consent from everyone with parental responsibility, or
• Permission from the court

This applies regardless of whether there’s a Child Arrangements Order in place.

Applying to court

If you want to relocate abroad but the other parent won’t agree, you must apply to court for permission. The court will consider:

The reason for the move: Is it for a genuine new life opportunity (job, family, relationship) or primarily to distance the children from the other parent?

The impact on the children: Will they benefit educationally, socially, or emotionally? What will they lose?

Contact arrangements: Can a meaningful relationship with the other parent be maintained through visits and technology?

The children’s views: Older children’s preferences carry significant weight.

The applicant’s plans: Are they realistic and well-thought-through?

The effect of refusal: If the move is refused, how will that affect the applicant and, by extension, the children?

Courts don’t automatically favour either granting or refusing relocation. Each case is decided on its facts.

If permission is granted

The court will usually make detailed orders about:

• How often the children will return to the UK
• Video call schedules
• Who pays for travel
• Notification requirements if plans change

If permission is refused

You’ll need to either accept the decision or appeal. Moving anyway would be contempt of court and potentially child abduction.

Some parents faced with refusal choose to relocate without their children, maintaining contact from abroad. Others abandon their relocation plans. These are difficult personal decisions.

If the other parent wants to relocate

If your ex-partner tells you they want to move away with your children:

1. Consider the proposal carefully – is it genuinely unreasonable, or just inconvenient for you?

2. Try to negotiate – can you agree on contact arrangements that would make the move acceptable?

3. Seek mediation – a neutral third party can help you find solutions

4. Get legal advice – understand your options if you can’t agree

5. Apply to court if necessary – you can apply for a Prohibited Steps Order to prevent the move

Remember that courts focus on children’s welfare, not parents’ preferences. If the move is genuinely in the children’s interests and good contact arrangements are proposed, courts may permit it even if you object.

Practical tips

Document everything: Keep records of discussions, agreements, and any attempts to negotiate.

Be reasonable: Courts look favourably on parents who try to find solutions rather than immediately escalating to litigation.

Consider the children: Try to separate your feelings about your ex-partner from what’s actually best for your children.

Get advice early: If relocation is on the horizon, speak to a family solicitor before positions become entrenched.

Don’t act unilaterally: Moving without proper agreement or permission creates legal problems and damages trust.