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 you, the ‘left-behind’ parent.
Do you have Parental Responsibility?
Firstly, if you have parental responsibility for your child then you can refuse to consent to the move.
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. If you are unsure whether you have parental responsibility, seek advice as soon as possible.
What happens if you agree to the proposed move?
If both parties agree to the relocation taking place, the process is simple. Your ex will want to have the consent in writing as evidence of your consent. You also need to think about having agreements in place about the timing of the move and how your time with our child will be facilitated. This could be done by way of a Parenting Plan or Court Order. It is advisable that these discussions and agreements take place before the move. If you and your ex are agreeable then mediation can be very effective in helping you have these discussions and explore the options.
What happens if you do not agree to the proposed move?
You need to make this clear to your ex in writing.
If your ex still wishes to move then s/he will need to seek the court’s permission to relocate your child/ren from the jurisdiction.
If you have any concerns about your child’s parent making the unilateral decision to relocate notwithstanding you have not given consent it is essential you take legal advice as there are immediate steps that can be taken to put interim orders in place to prevent this happening.
In determining the application, the welfare of the child is the court’s primary consideration. In doing so, the court must consider the following non-exhaustive list
- 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
- You ex’s motivations for wishing to relocate, are they genuine?
- Your motivation 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 about your child’s living and spending time arrangements
- The impact of the move on your time with your child and practical, emotional and 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 impact of a move on your relationship with your child
There is a legal presumption that that the involvement of both parents in a child’s life will further their welfare and this presumption brings heightened scrutiny of proposals that interfere with the relationship between you and your child. Whilst there are no specific grounds for opposition that the court most favours, the common matters raised by parents opposing an application are:
- Loss of relationships with the left behind parent and extended family
- The child’s wishes and feelings about the move
- Disruption to stability including school/friendships
- Practical difficulties in maintaining meaningful direct contact
- Impact on decision making for both parents day to day
- Adequacy of planning and proposals
It is essential to seek early legal advice if your ex is seeking to relocate abroad with your children, to assess the merits and help give you the best prospects of a successful outcome in opposing the application.
NE Family Law contributed to the Chambers and Partners Global Practice Guide for Child Relocation 2025 which can be found here.
