I already have a child arrangements order. Do I need my ex’s permission to move abroad?

If you are looking to move outside to another country, then you will still need your ex’s consent or a court order.

Can my ex stop me from moving?

If your ex thinks you are making decisions about moving away with your children without seeking their agreement, or without providing them with full information about the arrangements, they can apply to the court for a prohibited steps order. This is an order that will prevent, for example, the children being taken out of England and Wales either at all, or just until the decision has been carefully considered, and/or arrangements have been put in place.

What happens if I go anyway?

If your ex thinks you are making decisions about moving away with your children without seeking their agreement, or without providing them with full information about the arrangements, they can apply to the court for a prohibited steps order. This is an order that will prevent, for example, the children being taken out of England and Wales either at all, or just until the decision has been carefully considered, and/or arrangements have been put in place.

If I have to make an application to court, what will the judge take into account?

When deciding, the judge will look at the whole picture including: the reasons for the move whether the desire to move is genuine whether the parent wanting to move has thought about practicalities such as where they will live and where the children will go to school or nursery what the impact will be on the parent wishing to go, and on the children if the court says no what the impact will be on the relationship between the children and the parent left behind if the court says yes how the relationship between the children and the left behind parent will be supported if the move is allowed. The judge will also consider the welfare checklist [LINK TO NEW LIVING ARRANGEMENTS PAGE] and guidance from reported court decisions. Importantly, there is no presumption in favour of either parent. The judge's focus is your children’s welfare. Moves designed to “get away” from an ex or to disrupt the relationship between a child and a parent do not get very far. If you are the one wanting to move, you should focus on the “pull” of the place you want to go to and show why the move is in your children’s best interests.

What should I do if I am the left-behind parent and I don’t agree?

You will have the opportunity to have your say. It is important to seek legal advice early on to make sure you can prepare your case in the best possible way and consider all the options.

My ex has relocated with my child without my consent. What do I do?

If your ex has relocated within England and Wales without your consent or a court order giving them permission, you can apply to the court for your child to be returned. The court has the power to order your ex to move back if they cannot show that the move was in the best interests of your child. If your child is now living in another country without your consent or a court order, you should speak to a specialist children lawyer immediately.

How long does a child relocation case take?

It is difficult to predict but cases that need the court’s involvement usually take between 6 to 12 months.

How far can I move away without needing my ex’s agreement?

There is no set distance under which you are allowed to move without your ex’s agreement or the court’s permission.

What if my ex and I weren’t married?

The same rules apply to both married and unmarried parents. However, one difference is that an unmarried father may not have parental responsibility for their child. Birth mothers automatically get parental responsibility and if she is married or in a civil partnership, her spouse or civil partner will also automatically have parental responsibility. Typically unmarried fathers have to acquire parental responsibility either by being registered as the father on the child’s birth certificate (provided the child is born on or after 1 December 2003) or by obtaining parental responsibility agreement or order.

I’m a foreign national living in England and am in the process of divorcing my English spouse. I’m thinking of relocating internationally with my children. What do I do next?

If you want to relocate permanently, you’ll need to get the consent of the other parent and anyone that has parental responsibility for your child. If your former spouse has parental responsibility, they’ll need to agree to your international relocation with the children. If you and your ex-partner are amicable, seeking to reach an agreement through mediation or another form of collaborative discussion is encouraged. If you’re unable to agree, you won’t be able to move abroad with your children without the consent of the court. Permanent removal of the children without agreement from everyone with parental responsibility or agreement from the court may result in criminal charges being brought against you. It’ll also impact any future application you may need make in relation to the children’s contact or residence.

Child relocation

Moving is always a big decision to make and there are lots of reasons why you might want to relocate following a separation or divorce.

One of the most difficult situations following a separation or divorce is where one parent wants to relocate or needs to move abroad with their children, and the other parent does not want to or can’t move to the same country.

If you are thinking about moving overseas, remember that you can’t simply take your child to live abroad if they live day-to-day in England and Wales and you share parental responsibility with your ex. If you want to move to another country, then you’ll either need your ex's agreement or the court’s permission. 

Moving within England and Wales can cause just as much disruption for a child as a move to a whole different country. It is good common sense to keep everyone informed of your plans and to consult your ex early on so that they can understand the reasons behind your decisions. 

Relocation cases are challenging for everyone involved. Moving a child away from one parent isn’t a decision that should be taken lightly, and the child’s best interests must remain at the centre of all the decision-making. Because of their “lose or win” nature - either the move happens or it doesn’t - these disputes are not only legally complex but can be highly emotional.

Our lawyers

Speaking to our family lawyers early on is essential as the approach you take from the beginning will be critical to your success. Our specialist children lawyers have a wealth of experience dealing with situations where one parent wants to move away with the children. Some cases our team has been successful in are:

successfully representing a high-profile father where he wanted to relocate to another country with his child.
successfully negotiating a mother's relocation abroad with her child, ensuring the child's relationship with their father was fully supported after the move.
an extremely sensitive case involving domestic abuse and a father facing criminal proceedings for possessing indecent images of children. We obtained an order allowing the mother to relocate within the UK.

What you need to know

Needing to relocate following a separation or divorce can happen for many reasons:

you might want to return to your hometown, city or country
you might want to move to take advantage of a job offer or promotion
you might have a new partner and want to move to progress that relationship
you might want to move to find a better quality of life

Even if you and your ex can agree that one of you moves away with the children, you must get written agreement from everyone who has parental responsibility for the children. If you don’t you run the risk of the move being seen as child abduction.

Where possible, you are best to try to come to an agreement together about the move. You could use direct communication, negotiating through solicitors, mediation or collaborative law. Coming to your own agreement also gives the parent who will be left behind time to adjust to the idea and the opportunity to contribute to a plan. A joint decision tailored to your family’s circumstances is likely to be one that benefits your children most moving forward.

If an agreement is not possible, the parent who wants to move will need the court’s permission. It’s important to remember that the court’s decision may not come quickly. It can take up to a year for disputes like these to be resolved using the court.

If you are concerned that your child may be taken abroad without your agreement, you can make an urgent application to the court. For example, you can apply for your child’s passport to be given to you if you do not have it or, if you think the other parent may be about to travel soon, you can apply for alerts to be raised at ports to stop them.

Vlogs from our family law solicitors

In this vlog, Caitlin Jenkins, the familylawvlogger, introduces her Mills & Reeve colleague Amy Starnes, one of the specialist children law experts at Mills & Reeve. They discuss Amy's particular area of expertise in advising clients where one of the parents wishes to relocate to another country with the child or children, and the other parent wants the child or children to remain living with them in England & Wales.

Frequently Asked Questions

I already have a child arrangements order. Do I need my ex’s permission to move abroad?

If you are looking to move outside to another country, then you will still need your ex’s consent or a court order.
Can my ex stop me from moving?

If your ex thinks you are making decisions about moving away with your children without seeking their agreement, or without providing them with full information about the arrangements, they can apply to the court for a prohibited steps order. This is an order that will prevent, for example, the children being taken out of England and Wales either at all, or just until the decision has been carefully considered, and/or arrangements have been put in place.
What happens if I go anyway?

If your ex thinks you are making decisions about moving away with your children without seeking their agreement, or without providing them with full information about the arrangements, they can apply to the court for a prohibited steps order. This is an order that will prevent, for example, the children being taken out of England and Wales either at all, or just until the decision has been carefully considered, and/or arrangements have been put in place.
If I have to make an application to court, what will the judge take into account?
When deciding, the judge will look at the whole picture including:
- the reasons for the move
- whether the desire to move is genuine
- whether the parent wanting to move has thought about practicalities such as where they will live and where the children will go to school or nursery
- what the impact will be on the parent wishing to go, and on the children if the court says no
- what the impact will be on the relationship between the children and the parent left behind if the court says yes
- how the relationship between the children and the left behind parent will be supported if the move is allowed.
The judge will also consider the welfare checklist [LINK TO NEW LIVING ARRANGEMENTS PAGE] and guidance from reported court decisions. Importantly, there is no presumption in favour of either parent. The judge's focus is your children’s welfare. Moves designed to “get away” from an ex or to disrupt the relationship between a child and a parent do not get very far. If you are the one wanting to move, you should focus on the “pull” of the place you want to go to and show why the move is in your children’s best interests.
What should I do if I am the left-behind parent and I don’t agree?

You will have the opportunity to have your say. It is important to seek legal advice early on to make sure you can prepare your case in the best possible way and consider all the options.
My ex has relocated with my child without my consent. What do I do?

If your ex has relocated within England and Wales without your consent or a court order giving them permission, you can apply to the court for your child to be returned. The court has the power to order your ex to move back if they cannot show that the move was in the best interests of your child.

If your child is now living in another country without your consent or a court order, you should speak to a specialist children lawyer immediately.
How long does a child relocation case take?

It is difficult to predict but cases that need the court’s involvement usually take between 6 to 12 months.
How far can I move away without needing my ex’s agreement?

There is no set distance under which you are allowed to move without your ex’s agreement or the court’s permission.
What if my ex and I weren’t married?

The same rules apply to both married and unmarried parents. However, one difference is that an unmarried father may not have parental responsibility for their child. Birth mothers automatically get parental responsibility and if she is married or in a civil partnership, her spouse or civil partner will also automatically have parental responsibility. Typically unmarried fathers have to acquire parental responsibility either by being registered as the father on the child’s birth certificate (provided the child is born on or after 1 December 2003) or by obtaining parental responsibility agreement or order.
I’m a foreign national living in England and am in the process of divorcing my English spouse. I’m thinking of relocating internationally with my children. What do I do next?

If you want to relocate permanently, you’ll need to get the consent of the other parent and anyone that has parental responsibility for your child. If your former spouse has parental responsibility, they’ll need to agree to your international relocation with the children. If you and your ex-partner are amicable, seeking to reach an agreement through mediation or another form of collaborative discussion is encouraged.

If you’re unable to agree, you won’t be able to move abroad with your children without the consent of the court.

Permanent removal of the children without agreement from everyone with parental responsibility or agreement from the court may result in criminal charges being brought against you. It’ll also impact any future application you may need make in relation to the children’s contact or residence.

Blog: How is a child’s voice heard during the process of his or her parents’ separation?

When parents separate, a common concern is about how their child’s thoughts and feelings about their future living arrangements can be taken into account. The two key factors which impact the ability of a child’s voice to be heard are their age and maturity, as well as their parents’ relationship following separation...

Child relocation

Our lawyers

What you need to know

Vlogs from our family law solicitors

Frequently Asked Questions

Blog: How is a child’s voice heard during the process of his or her parents’ separation?

Visitors

Existing clients

Staff

Child relocation

Our lawyers

What you need to know

Separate well with one lawyer

Vlogs from our family law solicitors

Frequently Asked Questions

Blog: How is a child’s voice heard during the process of his or her parents’ separation?

Visitors

Existing clients

Staff