Can you move away with your child after separation?

When a relationship breaks down, and you're a parent, you might find yourself wanting or needing to move to a new area. Perhaps there's a job opportunity elsewhere, you want to be closer to family support, or you need a fresh start.

However, if you share parenting responsibilities with your former partner, moving away with your child isn't always straightforward.

Understanding your legal position is crucial before making any decisions.

The law on relocating with your child

Relocation refers to moving your child to a new home that would significantly affect the other parent's ability to maintain their relationship with the child. This doesn't necessarily mean moving to another country – even moving to a different town or city can count as relocation if it makes regular contact more difficult.

The law recognises that both parents generally have an important role in a child's life, and moving away can disrupt established arrangements. Because of this, there are legal protections in place to ensure that relocation decisions are made with the child's best interests as the priority, not just one parent's preferences.

If there is a Child Arrangements Order in place that specifies where or with whom your child should live, or if the other parent has parental responsibility, you cannot simply decide to move away without following the proper legal process. Doing so could have serious consequences.

Can you move without the other parent's consent?

The short answer depends on your specific circumstances, but in most separation cases, you'll need either the other parent's agreement or the court's permission.

If the other parent has parental responsibility, they have a right to be involved in major decisions about the child's life. Moving away is undoubtedly a major decision.

The best approach is always to discuss your plans with the other parent first. If you can reach an agreement together, this avoids court proceedings and demonstrates that you're both putting your child's needs first. Any agreement should be put in writing and, ideally, made into a court consent order, which gives it legal standing.

Relocating in the UK or relocating internationally

The law treats moves within the UK differently from moves abroad, and international relocation faces much stricter scrutiny.

Internal relocation within England and Wales, Scotland, or Northern Ireland is generally easier to achieve, particularly if the distance is relatively modest and won't fundamentally prevent the other parent from maintaining a relationship with the child.

Courts recognise that parents may have legitimate reasons to move within the country for work, family support, or housing.

International relocation is far more complex. Moving your child to another country permanently affects not just the frequency of contact but can involve different legal systems, languages, cultures, and significant travel costs. Courts are understandably cautious about approving international moves because they can fundamentally alter the child's relationship with the parent left behind.

If you're considering an international move, you should expect much more detailed scrutiny of your plans and motivations.

Applying to the Court for permission to relocate a child

If the other parent won't consent to your move, you'll need to apply to the family court for permission. This involves completing a C100 application form and usually attending a Mediation Information and Assessment Meeting (MIAM) first, unless there are reasons you're exempt (such as domestic abuse).

The application process requires you to provide detailed information about your proposed move, including:

• Where exactly you plan to move and why
• What accommodation you'll have
• Employment or educational opportunities in the new location
• How the move will benefit your child
• Detailed proposals for how the other parent will maintain contact
• Evidence supporting your application

You'll need to demonstrate that you've thought carefully about how to preserve your child's relationship with the other parent. The Court will expect concrete plans, not vague ideas.

What the Court considers before approving a move

The Court's primary concern is always the child's welfare. When considering relocation applications, judges assess numerous factors, including:

• The child's relationship with both parents: How close is the child to the parent who would be left behind? How involved has that parent been in the child's daily life?
• The reasons for the move: Are your motivations genuine and well-founded? Is there a real opportunity or benefit, or is the move designed to interfere with the other parent's relationship with the child?
• The impact on the child: How will the move affect your child's education, friendships, extended family relationships, and general stability?
• The feasibility of contact arrangements: Have you proposed realistic and workable arrangements for the child to maintain contact with the other parent? Who will bear the costs and practical burdens of travel?
• Each parent's proposals: What alternative solutions has the other parent offered? Are their objections reasonable?
• The child's wishes: Depending on their age and maturity, the Court may consider what the child wants, though this isn't the deciding factor.

The Court tries to balance your right to make decisions about your own life against the child's need to maintain meaningful relationships with both parents.

Strengthening your application to relocate your child

If you're serious about relocating, there are several ways to make your application more compelling:

• Present a detailed plan: Don't just explain where you want to go – show you've thoroughly researched schools, housing, employment, and community resources. The more concrete your plans, the more credible your application.
• Propose generous contact arrangements: Offer creative solutions to maintain the other parent's relationship with the child, such as longer holiday periods, video calls, or covering some travel costs. Showing flexibility and genuine commitment to facilitating contact works in your favour.
• Demonstrate genuine motivation: If you're moving for a job, provide the offer letter. If it's for family support, explain specifically what support you'll receive and why you need it.
• Consider the timing: Avoiding moves during crucial school years or exam periods shows you're thinking about your child's educational needs.
• Get professional evidence: If relevant, letters from employers, doctors, or social workers supporting your move can strengthen your case.

What happens if you relocate your child without permission?

Moving away with your child without the required consent or court permission is extremely serious. This could be treated as child abduction, even if you're the child's parent.

The consequences can include:

• The court ordering the immediate return of the child
• You being found in contempt of court, potentially leading to fines or imprisonment
• A change in residence arrangements, with the child going to live with the other parent
• Damage to your credibility in any future court proceedings
• Having to pay the other parent's legal costs

International moves without permission are particularly serious. The child can be ordered to return to the UK, and you may face criminal charges.

Never assume you can move first and sort out the legalities later. The risks far outweigh any perceived advantage.

Take legal advice before making plans

Relocation cases are among the most complex in family law, and every situation is unique. Before making any concrete plans, seek advice from a family law solicitor who can assess your specific circumstances.

A solicitor can help you understand your realistic prospects of success, advise on how to approach discussions with the other parent, help you prepare a strong application if needed, and potentially avoid costly court proceedings through negotiation.

Even a single advice session can help you understand your position and avoid costly mistakes.

Moving away with your child after separation is possible, but it requires careful consideration, honest assessment of your motivations, and respect for the legal process. By approaching the situation thoughtfully and putting your child's needs first, you're much more likely to achieve an outcome that works for everyone involved.