Moving abroad with a child after separation is treated very differently from relocation within England and Wales. International moves raise significant legal, practical and emotional issues, and usually require the agreement of everyone with parental responsibility or permission from the court. Removing a child from the UK without consent can amount to child abduction, which is a criminal offence.
What counts as international child relocation?
International relocation involves moving a child abroad on a permanent or long term basis, rather than for a short holiday. Temporary trips of less than 28 days may be permitted under some Child Arrangements Orders, but permanent moves are treated much more cautiously and require formal consent from the other parent.
The law draws a clear distinction between holidays and relocation. Permanent relocation can have a huge impact upon the child’s life, relationships and stability, which is why courts approach such moves carefully.
Do you need the consent of the other parent to relocate internationally?
A child cannot be taken out of England and Wales for a permanent move without written consent from everyone with parental responsibility or a court order granting permission.
If the other parent doesn’t agree, the relocating parent must apply to the court for permission to remove the child from the jurisdiction. Taking a child abroad without consent may amount to child abduction, which is a criminal offence.
How do courts approach international relocation cases?
The child’s welfare is always the court’s paramount consideration. Judges assess a range of welfare factors, including emotional, educational and developmental needs.
Courts also look closely at:
- Practical arrangements: The relocating parent must show well researched and realistic plans, including housing, schooling, and how the move will enhance the child’s life
- Impact on ongoing relationships: The court evaluates how the child will maintain a meaningful relationship with the left behind parent, including travel arrangements, holiday contact, and virtual communication.
- Motivations of both parents: Courts consider whether each parent’s stance is genuinely rooted in the child’s welfare rather than a desire, for example, to minimise the role that the other parent plays in the child’s life.
Common Risks and Mistakes
- Making plans before agreement: Some important decisions about a child’s life – for example, the choice of schooling – require the consent of everybody with parental responsibility. It’s importantnot to make decisions such as enrolling a child in a new school, until after the relocation has been agreed or approved by a court.
- Underestimating travel and cost implications: International contact arrangements can be expensive and complex. Courts scrutinise whether proposed arrangements are realistic and sustainable, and whether it will be affordable for the child to maintain their relationship with the other parent following the move.
Planning ahead
Early planning and specialist legal advice are crucial. Well prepared relocation applications - supported by detailed evidence about practical arrangements and the child’s welfare - stand a far stronger chance of success. Specialist guidance at an early stage helps avoid missteps and ensures any application is presented clearly and convincingly.
Conclusion
International child relocation is one of the most sensitive areas of family law. While many parents have good reasons for wanting to move abroad, the impact on the child’s welfare and relationships is significant. Whether you are proposing a move or opposing one, early legal advice can help you understand the process, reduce conflict and protect your child’s best interests.
If you would like tailored advice on your situation, our family law team is here to help.
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