Relocating a Child After Divorce or Separation

Relocation affects not only the child but also the entire family. To ensure compliance with legal requirements and avoid conflict, follow these essential steps:

• Communicate with the other parent: open and honest discussions with the other parent can prevent disputes and foster cooperative decision-making.
• Seek legal advice: consult specialist childcare lawyer to understand your rights, responsibilities, and the steps needed for relocation approval. 
• Attend mediation: mediation provides a neutral platform for discussing relocation plans and creating child arrangement agreements. 
• File a court application if needed: if both parties cannot reach an agreement, apply for a Specific Issue Order* to request permission for the move. Certain court orders like:
  • Child Arrangement Orders: previously referred to as Residence Orders* and Contact Orders* and often informally known as "custody", Child Arrangement Orders determine where a child will live and how much time they will spend with each parent. Courts might change these orders if there are substantial changes in circumstances, such as indications of parental alienation, the child showing a preference to live with the other parent, or issues concerning the child’s well-being. 
  • Special Issue Orders: granted by the Court, these orders often involve a decision made over a child to which parents with parental responsibility cannot agree.  This can include a decision to relocate. 
  • Prohibited Steps Orders:  issued by the Court, these orders prevent parents from acting or making certain decisions about or on behalf of the child without the Court's approval.  This can include applications to challenge decisions such as relocation. 
• Prepare evidence: courts will require details about how the relocation benefits the child, including plans for education, living arrangements, and maintaining contact with the other parent.

Child custody, more correctly known as child arrangements, defines who a child will live with and who makes key decisions regarding their education, health and welfare.  The Children Act 1989 puts the child’s best interests first, encouraging parents to create shared custody agreements or secure Child Arrangement Orders to ensure stability.

Relocating internationally with a child requires the other parent’s consent or a Court order. Moving without this can result in legal action under the Hague Convention on child abduction*. Factors the court considers include:

• The reason for the relocation.

• The child’s relationship with the non-relocating parent.

• Managing significant connections after moving.

Even if there is no formal child arrangement, major moves affecting the other parent’s time with the child need either consent or Court authorisation. Failure to obtain permission can lead to legal action, such as a Specific Issue Order or a Prohibited Steps Order.

Under the Children Act 1989, both parents named on a child’s birth certificate share parental responsibilities. Relocation requires the consent of both parents or Court approval, ensuring that decisions align with the child’s welfare.

Fathers have equal parent rights under UK law. If a mother plans to relocate, the father can apply for a Prohibited Steps Order to contest the move. Courts assess the child’s welfare, ensuring both parents can present their cases fairly.

Although grandparents do not have automatic rights, they can apply for a Contact order to maintain relationships with their grandchildren. Legal action might be needed to maintain contact if relocation affects these relationships.