Moving Away With Your Child - What You Need to Know
Whether you want to move across the country or abroad, relocating with your child requires careful consideration of the other parent's rights and the child's welfare.
When Do You Need Permission?
Moving Within the UK
You can move freely within the UK unless:
- A court order specifies where the child must live
- The move would significantly affect the other parent's relationship with the child
Best practice: Always discuss significant moves with the other parent.
Moving Abroad
Taking a child abroad permanently requires:
- Consent of everyone with parental responsibility, OR
- Court permission (Leave to Remove)
Moving without consent can be child abduction.
Getting the Other Parent's Consent
Try to reach agreement directly or through mediation:
- Explain your reasons clearly
- Propose arrangements for ongoing contact
- Be willing to compromise on logistics
- Put agreements in writing
If They Won't Consent
Apply to court for a Specific Issue Order (Leave to Remove). The court will consider:
The Child's Welfare
The child's welfare is the paramount consideration. The court assesses:
- Impact on relationship with both parents
- Child's wishes (depending on age/maturity)
- Educational implications
- Social and emotional effects
The Applicant's Plans
- Is the move genuine and well-planned?
- Job, housing, and support in new location
- Proposed arrangements for contact
- Financial implications
Impact on Staying Parent
- How will it affect their relationship with child?
- Can meaningful contact be maintained?
- What are the practical difficulties?
The Court Process
- MIAM attendance - Mediation information meeting
- Application to court - C100 form
- First hearing - Directions given
- CAFCASS report - Usually ordered
- Final hearing - Decision made
Cases typically take 6-12 months.
Practical Contact Arrangements
Courts expect detailed plans for maintaining contact:
- Holiday visits (how often, how long)
- Who pays for travel
- Video calls and communication
- Term-time visits
- Special occasions (birthdays, Christmas)
What If I'm Refused Permission?
Options include:
- Appeal the decision
- Accept the decision and stay
- Negotiate revised contact arrangements
- Apply again if circumstances change significantly
Warning: Don't Just Leave
Taking your child abroad without consent or court permission can result in:
- Criminal charges for child abduction
- Hague Convention proceedings to return the child
- Loss of residence arrangements
- Damage to your position in future proceedings
Get Expert Advice
Relocation cases are complex and emotionally charged. MCR Solicitors can advise on your options. Call 0161 466 1280.
Need Legal Advice?
Our experienced solicitors are here to help. Contact us today for a free initial consultation.
Get In Touch or call 0161 466 1280