International Child Relocation

Many parents come to us in one of these situations:

• You want to move abroad with your child. Before making a permanent move, secure formal written consent from everyone with parental responsibility or obtain the appropriate court order.
• You want to return to your home country. Following separation, your strongest personal or professional ties may be in another country.
• Your child’s other parent wants to relocate. You want the court to assess how distance would change your child’s day-to-day relationship with you.
• You plan to move to Scotland or Northern Ireland. The move remains within the UK but crosses into another legal jurisdiction, so you need specific advice on consent and court permission.
• You are considering a temporary move or extended stay abroad. You need clarity on consent, the child’s habitual residence and arrangements for returning.
• You believe your child may be moved without agreement. You need quick advice on the protective steps available before departure.

Every family has different practical and legal issues. Contact us and we will explain the options that apply to your circumstances.

Before changing your child’s home country, obtain recorded consent from each person who holds parental responsibility. If consent is withheld, ask the family court to authorise the move. Relocating first can trigger urgent child-abduction proceedings and, in some situations, criminal consequences.

• Agreement should be clear and in writing. Record the destination, proposed date, contact arrangements and any agreed travel costs.
• If the other parent does not agree, apply to court. Take advice on the correct application for your circumstances. Depending on the existing orders and facts, this may be dealt with as leave to remove or through a specific issue order.
• A holiday exception does not permit permanent relocation. A parent named as the person a child lives with under a child arrangements order can usually travel abroad for up to 28 days, unless another order prevents it. A permanent move still needs agreement or court permission.
• Do not make irreversible arrangements too early. Get advice before ending a tenancy, accepting a school place or booking one-way travel.

If departure appears imminent, a solicitor can assess emergency options such as a prohibited steps order, restrictions involving passports or a police Port Alert.

The proposal should show, in operational detail, how your child and the non-moving parent will continue their relationship across distance. A workable schedule must account for time, cost and the realities of international travel.

• School holidays. Longer stays during school breaks can provide substantial time together when frequent visits are unrealistic.
• Video and indirect contact. A reliable routine for calls and messages can bridge the gaps between in-person visits.
• Travel and costs. Set out responsibility for bookings and fares, the handover location and any support a younger child will need while travelling.
• Passports and documents. State who keeps the passports, when they must be released and how consent for future trips will be recorded.
• Legal safeguards. Advice in the destination country can establish whether an English order will be recognised; in some cases, a corresponding local order is sensible.

Rather than a general promise of contact, the court will expect a schedule that can operate in practice and shows active support for the child’s bond with both parents.

The judge’s task is to identify the outcome that best serves this child’s needs. Neither parent starts with an advantage simply because they support or oppose the move; the decision turns on the evidence and the likely consequences for the child.

Section 1 of the Children Act 1989 directs the court to a set of welfare factors, including:

• Your child’s wishes and feelings. Their age and level of understanding affect the weight given to their views.
• Their physical, emotional and educational needs. The evidence should cover emotional security, learning, health, stability and key personal connections.
• The likely effect of the move. The judge weighs the advantages and disruption likely to follow from either decision.
• Your child’s age, background and identity. Relevant factors may include culture, language, faith and dual heritage.
• Any harm your child has experienced or may face. The court examines existing safeguarding issues and any future risk.
• Each parent’s ability to meet the child’s needs. The evidence should show how each parent would provide day-to-day care, emotional security and encouragement for the child’s bond with the other parent.

The evidence is considered as a whole: why the move is proposed, why it is resisted, how developed the plan is, how either decision would affect the family and whether future time with each parent is genuinely workable.

Build the proposal from evidence rather than aspiration. Give concrete information under each of these headings:

• Housing. Identify the proposed address or area, the accommodation and the household members, with evidence of suitability.
• Education. Provide school or nursery research, the admissions position, costs, transport and provision for any additional needs.
• Healthcare. Explain registration with local services, access to specialists and any insurance requirements.
• Work and finances. Set out expected income, employment arrangements and a costed household budget.
• Immigration and nationality. Confirm the relevant citizenship, visa and passport position, including the child’s right to reside and attend school.
• Family and community support. Name the people and services available locally, including relatives, childcare and help with language or cultural adjustment.
• Contact with the other parent. Propose a calendar for in-person time and calls, alongside detailed arrangements for journeys, handovers, accommodation and expenses.
• Legal safeguards. Obtain advice on recognition and enforcement overseas and whether a corresponding order should be made locally.

Attach supporting documents wherever possible. Confirmed options, costings and timescales are more persuasive than broad intentions.

Respond to the proposal point by point and connect each concern to its likely effect on your child. Evidence carries more weight than personal criticism.

• Act early. Get advice as soon as relocation is raised, especially if travel appears imminent.
• Explain your relationship with your child. Describe your current caring role with dates, routines and examples, then explain which parts distance would prevent.
• Test the relocation plan. Check the evidence behind the accommodation, school, immigration status, income, medical care and proposed time together.
• Present realistic alternatives. Explain how the child’s needs could be met without relocating, including practical support available to both parents.
• Address safeguards. Examine whether an English order would be effective overseas and which remedies would be available if the arrangements failed.

An application to prevent removal may be needed if there is an immediate risk that your child will leave before the dispute is resolved.

The exact process depends on urgency and the issues in dispute, but most cases follow these stages:

1. Early legal advice. A solicitor reviews parental responsibility, existing orders, the proposed destination and the evidence needed.
2. Agreement or mediation. Parents can try to agree the move and future contact directly or through mediation, where this is safe and suitable. A Mediation Information and Assessment Meeting is usually required before a court application unless an exemption applies.
3. Court application. The parent seeking permission can apply using Form C100. The other parent may apply for a prohibited steps order if they want to prevent the move.
4. Safeguarding and evidence. Cafcass carries out initial safeguarding checks. The court may order statements, a welfare report or expert evidence where needed.
5. Negotiation and hearings. The court encourages agreement where possible. If no agreement is reached, a judge decides the case after considering the evidence.
6. Final arrangements. The order can cover relocation, contact, travel, costs, notice of trips and safeguards in the destination country.

Start planning early. Relocation cases involve detailed evidence, and leaving the application until close to a proposed move can create avoidable pressure.

Choose a solicitor who can:

• Assess the case early. You need a clear view of the strengths, risks and evidence before making major decisions.
• Handle international relocation and child abduction law. Cross-border cases can involve habitual residence, child abduction law and foreign court orders alongside the welfare decision.
• Coordinate advice overseas. IAFL membership gives access to experienced family lawyers in other countries when local advice or a mirror order is needed.
• Prepare detailed evidence. A good relocation case depends on a practical plan supported by documents, not broad assurances.
• Act urgently when necessary. If removal is imminent, your solicitor should know which protective steps to take and how quickly to take them.
• Explain costs clearly. You should understand the likely work and fees at each stage.

Maguire Family Law regularly acts in international children cases. James Maguire is a Fellow of the IAFL, sits on consular and FCDO panels and has more than 30 years of experience in cross-border family law. For more information, visit our international family law hub.

If you are planning an overseas move with your child, or need to challenge one, timely legal advice can clarify the next steps and the evidence the court will need. Call 01625 544 650 or fill out our contact form to arrange your first consultation.

Only with the written agreement of everyone who has parental responsibility or permission from the family court. A permanent move without consent or permission may amount to child abduction. Get advice before making travel, housing or school arrangements.

If the other parent does not agree, you can ask the family court for permission. Depending on the existing orders and circumstances, this may be dealt with as an application for leave to remove or through a specific issue order. Form C100 is usually used.

They can oppose the move and ask the court to decide what is best for your child. If they believe removal is imminent, they may apply for a prohibited steps order. The court will consider both parents’ evidence and make a welfare-based decision.

A move to Scotland or Northern Ireland stays within the UK but crosses into another legal jurisdiction. Consent or court permission may be required, especially where a child arrangements order is in force or the other parent objects. Get specific advice before making arrangements.

Your child’s wishes and feelings form part of the welfare checklist. Their age and level of understanding affect the weight given to their views. Cafcass may speak to your child and report to the court, but a child does not usually make the final decision.

You usually need permission from everyone with parental responsibility or from the court. A parent named as the person the child lives with under a child arrangements order can normally take the child abroad for up to 28 days, unless another court order prevents it. A permanent move always needs agreement or permission.

Act immediately. An unauthorised move abroad may be child abduction, and urgent return proceedings may be available. The legal route depends on the destination country and your child’s habitual residence, so take specialist advice at once.

There is no fixed timetable. Timing depends on urgency, the evidence required and the court’s availability. Start the process well before the proposed move so there is time for safeguarding checks, evidence and hearings.

Costs depend on the complexity of the dispute, the evidence required and any involvement from lawyers abroad. An agreed plan costs less than a contested application that reaches a final hearing. We provide an estimate at the start and keep you updated as the case progresses.

No. We explain the cost of your first meeting before you book and provide clear information about likely fees as your case develops.