As a practising family lawyer, I have seen many cases where one parent wishes to relocate abroad with their child (or children), which often leads to emotionally charged proceedings as the matter is both emotional and legally complex. 

What does the law say?

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Any decision about where a child should live or spend their time must begin (and end) with the child’s best interests. The statutory “welfare checklist” under section 1 of the Children Act 1989 remains the backbone of any decision; this includes considering the child’s wishes and feelings (given age & understanding), their physical, emotional, and educational needs, the likely effect on them of any change, any harm they’ve suffered or may suffer, and how capable each parent is of meeting those needs.

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Internal or External Relocation

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When a parent proposes relocating, especially externally, the court treats this as a welfare issue. The relocating parent usually needs the court’s permission unless the non-relocating parent provides consents, which in many cases does not happen. 

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Before any application is made to the court, it is best to consider whether there is a chance to reach an agreement using other means of Dispute Resolution, such as mediation. The Courts will need to see that these have been exhausted, and you have made this application as a last resort.

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The Focus of the Court

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From my experience, these are the issues that tend to make or break relocation cases:

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Is your decision to relocate well thought out?- 

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Your reason for relocating will need to be seen as a necessity as opposed to just a mere decision.   The Court will need to see that you have a genuine need to relocate, and this decision is not just driven by self-interest. You will need to explain to the court how relocation will allow the child to have the same, if not better circumstances as their current life in the UK.

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Impact on the relationship with the non-relocating parent. 

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The courts will also assess how relocation will impact the relationship between the child and the non-relocating parent. You will need to have already thought of or plan out ways to ensure that the Child’s relationship with their non-relocating parent is protected. Whether this includes trips or extended visits. This also needs to be feasible, the court is likely to reject proposals where the non-relocating parent need to spend large sums to travel to see the children in situations where they cannot afford it. This will be regarded as no different from cutting off contact especially in circumstances where the child is quite young.

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Wishes and Input of the Child on relocation. 

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For older children, say 11-13+, their views are often weighed in, however, this is largely dependent on maturity. It should be noted that the courts won’t blindly follow the child’s wishes if they believe that relocation will jeopardise their welfare. The main prerogative for any family law matter is the welfare of the child. 

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My Final Thoughts

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If you are thinking about relocating outside of the UK, ask yourself the following questions;

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1. Is your decision well thought out? (Think about your reason for relocating, whether or not it is a necessity for you to relocate yourself and your children; and whether this decision will benefit yourself and your children.; Think about the timeframe in which you plan to relocate and whether it is logistically feasible.) 

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2. Have you given thought to how you will recreate or enhance your current circumstances abroad? (Have you thought about and done research on the children’s schooling, healthcare and housing?)

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3. How will the children function in this new environment? (Is the area safe?; Will they be able to make friends and participate in social activities with their peers?; Do they have a support system they can rely on abroad?; Have you given any thought to groups or agencies that may lessen the impact or being in a new environment)

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4. Do you have a support system abroad to assist in times of need? (Think about whether you are able to recreate your life in a new environment, while managing both your and your children’s emotional needs)

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5. Is relocation affordable in your current circumstances? (How will you fund the costs of traveling to this new country, while affording a suitable property for you and the children?; How will you fund emergencies?; Are you able to immediately cover all the monthly expenditures from your proposed date of relocation until you are all settled?)

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6. Have you given thought to how the relationship between the children and their non-relocating parent will be impacted and what you will do to ensure they maintain meaningful contact? (Have you given any thought to contact arrangements?; Have you considered time difference, travel arrangements and their costs and whether the children are old enough to maintain a relationship despite the distance?)

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7. Considering your child’s age, is this something they would want? (Has this been discussed?; What do they think? Do they share any concerns?)

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Relocation is one of the most delicate areas in family law because it fundamentally changes the shape of a child’s life. The Court gives the child’s welfare first priority, and while parents’ wishes, opportunities, or needs are also considered, they often come second. 

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If you are considering a move abroad, or are challenging one, it is essential to think not just about your own situation, but how that move will look from your child’s perspective: stability, continuity, contact, emotional wellbeing. 

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As shown in the recent case of  A Mother v A Father [2024] EWFC381(B), a well-prepared case, grounded in evidence, with the child’s welfare genuinely at its heart, has the best chance of success.

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