Child relocation within the UK: When does It become an issue?

Many parents are unsure when moving within the UK becomes a legal issue after separation. While not every change of address needs permission from the other parent, difficulties can arise when a move affects a child’s routine, schooling, or relationship with the other parent. 

What is meant by ‘internal relocation’?

‘Internal relocation’ refers to one parent moving home with a child from one part of England and Wales to another. Everyday moves within the same neighbourhood usually do not raise legal concerns. However, a more significant move – for example, one that involves moving across counties, or to a new location that will require a change of schools, or a significant change in travel time to visit the other parent – may require discussion or agreement with the other parent.

This contrasts to ‘international relocation’ which refers to a move to another country outside of the UK, or another part of the UK other than England and Wales (i.e. to Scotland, Northern Ireland, or Ireland). You must have the consent of everyone with parental responsibility before taking a child abroad, including for the purposes of relocation. The only exception to this, is if you have a court order which says that the child ‘lives with’ you and does not ‘live with’ anyone else (in which case you can take them abroad for up to 28 days), or otherwise makes specific provision about who needs to consent to foreign travel with the child. 
Removing a child from England and Wales to another jurisdiction without the proper consent of any other person with parental responsibility, can amount to child abduction if done without permission, which is a criminal offence.

When does internal relocation become an issue? 

There is no fixed distance rule for when an internal move becomes legally significant. Instead, the question is whether the move would materially affect the child’s life or their relationship with the other parent. Courts consider concerns in several areas:

• Schooling: Choosing a child’s school is an important decision which must be agreed by everyone who holds parental responsibility for a child. For that reason, if the move will result in the child changing school, the other parent must consent to the move. If they don’t, the Court will need to determine whether the child should change school. 
• Impact on Contact: If the move reduces or disrupts the time a child can spend with the other parent (or that parent’s extended family), it is more likely to become contentious. Even moves within the same county may be challenged if they affect established routines.

Do you need the other parent’s consent?

Technically, a parent can move within England and Wales without formal consent if the move doesn’t disrupt the child’s education or contact with the other parent. However, if a move is opposed, the other parent may apply to court to prevent it.

How are decisions about relocation made?

The child’s welfare is the court’s paramount consideration in considering whether to grant a request to relocate. 

Key factors include: 

• Stability and Routine: Disruptions to a child’s established routine, school or community are carefully weighed. 
• Relationship with Both Parents: Courts consider how the move will affect ongoing, regular and meaningful involvement with each parent.
• Practical Arrangements: Parents must show realistic proposals for housing, schooling, and travel. Good planning strengthens a relocation case.
• Education: If the move involves a change of schools, the Court will consider whether the child’s current school, or the proposed new school, appears to be a better fit for the child.

Practical steps to consider before moving If you are thinking of relocating with your child, consider the following early:

• Communicate with the other parent: Early, open discussion helps avoid misunderstandings and reduces the risk of court proceedings.
• Plan the move properly: Research housing, local amenities, and schools, and be prepared to show how the move benefits the child.
• Think about timing and impact: Consider how the move fits with any key events in the child’s life, such as key examinations, school term dates, or moving from primary to secondary school, in order to try and plan the timing of the move to minimise the disruption to the child. 

Conclusion

Internal relocation can be straightforward where parents agree and the move has minimal impact. However, where a move affects contact or schooling, it can quickly become a legal issue. The key principle is always the best interests of the child, assessed on a case‑by‑case basis.

If you are considering moving - or are concerned about a planned move by the other parent - our family law team can provide tailored advice and help you understand your options at an early stage.

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