The decision to move abroad with your child is a life-changing decision, it requires careful consideration and meticulous planning. With children involved, the decision to relocate abroad can have a significant impact on their relationship with the ‘left-behind’ parent.
Is consent needed?
Yes. It is essential that there is transparency to the process and proper procedure is followed including obtaining the necessary consents from all those with Parental Responsibility – usually the other parent. Parental responsibly refers to the ‘legal rights, duties, powers, responsibilities and authority’ which by law a parent has over a child. Mothers automatically have parental responsibility for a child and father’s will if married at the time of the child’s birth or are named on the child’s birth certificate. Relocation outside of the jurisdiction of England and Wales falls within decisions
What if you both agree?
If both parties agree to the relocation taking place, the process is simple, but it is essential that the relocating parent obtains that consent in writing. This supports evidence of the consent and can be used to show authorities such as boarder control or when applying for Visas.
What if your ex refuses?
In the absence of written consent or without permission being obtained from the court, prior to removal, a parent can be guilty of an offence of abduction.
If your ex refuses consent for you to relocate with your child abroad, then you must seek permission of the court to do so.
How will the court make a decision?
In determining the application, the welfare of the child is the court’s primary consideration. The court must consider the following non-exhaustive list of welfare factors:
- The ascertainable wishes and feelings of the child concerned;
- Their physical, educational and emotional needs;
- The likely effect of a change in circumstances;
- Their age, sex, background or special characteristics;
The court will be further consider:
- Your motivations for wishing to relocate, are they genuine?
- The motivation of your child’s other parent in opposing the move
- What the current spending time arrangements are and how will these be impacted by the move
- The proposals each of you put forward for your child’s time to be spent with the other parent in the event the application is granted or refused
- Proposals as to housing, schooling, friendships and cultural considerations
- Proposals and practicalities of maintaining the relationship i.e. location, travel, accommodation, cost
- Financial considerations
Depending on the faces of the case, the country involved, and the ages of the children the weight attributed to these factors may vary considerably.
The court’s decision to allow or refuse a relocation is binary, it is absolutely essential to ensure that you have thought about all the practical, emotional and financial elements of the move.
It is advisable to seek early legal advice, to help you prepare, shape and test your proposals and relocation plan and to mitigate to the objections being raised to the move to help give you the best prospects of a successful outcome.
NE Family Law contributed to the Chambers and Partners Global Practice Guide for Child Relocation 2025 which can be found here.
