Moving Abroad with Children – Your Questions Answered

One of the most emotionally charged and complex issues following separation or divorce arises when one parent wishes to move abroad with their child and the other does not consent. Whether you're considering relocation or seeking to prevent one, it’s important to understand your options and responsibilities under UK family law.

At Your Family Time Matters, we understand how daunting these situations can feel. We provide guidance to help parents navigate the legal process, make informed decisions, and ensure that their child’s welfare remains the central focus throughout.

1. What should I do if I want to move abroad with my child?

• Consider your child’s best interests

  The court’s primary concern is always the child’s welfare, as outlined in the Children Act 1989. While not tied to a fixed checklist, the court typically considers factors such as emotional needs, the effect of change, the child’s wishes (depending on age), and the capacity of each parent to meet those needs.

• Seek advice early

  Relocation cases are legally and emotionally complex. Speaking to a professional early on can help you structure your plans, identify key considerations, and approach matters in a way that supports your child's long-term wellbeing.

• Create a clear and realistic plan, including:

  • School and educational continuity

  • Housing and financial support

  • Contact arrangements with the other parent

  • Healthcare, language, and cultural adaptation

• Explore amicable resolution first

  Before turning to the courts, it’s advisable to try:

  • Direct discussions with the other parent

  • Mediation

  • Collaborative law or solicitor-led negotiation

• Never relocate without permission

  Removing a child from the UK without the other parent’s consent or a court order may amount to child abduction. This can have serious legal consequences and may undermine any future applications.

2. What if my former partner wants to move abroad with our child?

• Understand the same legal test applies

  Whether you are applying or responding, the court will base its decision on the welfare of the child. The impact on their routine, education, family relationships, and emotional wellbeing will all be assessed.

• Take early action

  If your ex-partner indicates a wish to relocate, seek advice promptly. Understanding the strength of the proposed plan and your legal options can help you respond constructively.

• Consider the practical impact

  Ask yourself: how will the move affect the child’s life, your relationship with them, and their existing sense of stability?

• Prevent unauthorised moves

  If there’s a risk your child may be taken abroad without consent, you can apply to the court for a prohibited steps order or seek a port alert through the appropriate authorities.

At Your Family Time Matters, we regularly assist parents facing urgent concerns about proposed relocations, helping them explore the next steps calmly and constructively.

3. What happens if the matter goes to court?

If no agreement can be reached, the parent wishing to relocate must apply to the court for permission. The process usually includes:

1. Filing a ‘leave to remove’ application

2. CAFCASS safeguarding checks and, where appropriate, a Section 7 report

3. A First Hearing Dispute Resolution Appointment (FHDRA)

4. Submission of evidence and witness statements

5. Possibly the instruction of an independent social worker for an in-depth report

6. A final hearing where both parties give oral evidence

7. A judge makes a decision based on what is in the child’s best interests

4. How will the courts reach a decision?

• Assessment of all evidence, including:

  • Parents’ witness statements

  • Welfare reports (e.g. CAFCASS or an independent social worker)

  • Testimony at the final hearing

  • Any other relevant third-party input

• The child’s voice

  The child’s wishes and feelings will be considered, either through welfare professionals or, in rare cases, directly by the court, depending on the child’s age and maturity.

• Case law and legal principles

  Courts will rely on key legal precedents, including:

  • Payne v Payne [2001] – on balancing the impact on the primary carer

  • MK v CK [2011], F (A Child) [2012], and F (International Relocation Cases) [2015] – which re-centre the focus on the child’s welfare over parental preference

Summary

• The court's overriding priority is always the child’s welfare

• Relocation without the other parent’s consent is unlawful

• A well-thought-out relocation plan increases your chances of success

• Mediation or negotiation is encouraged before turning to court

• Whether you're seeking to relocate or oppose a move, it’s essential to act promptly and be informed

How Your Family Time Matters Can Help

At Your Family Time Matters, we’re here to support you through every step of the relocation process. While we do not offer financial or legal advice, we provide tailored guidance and practical support to help you prepare for mediation, court proceedings, or informal discussions with the other parent.

This year, we have supported families across the globe in resolving cross-border issues involving countries such as Nigeria, Jamaica, Spain, the United States, Poland, and Thailand. Our experience includes assisting with Child Arrangements Orders, child custody disputes, and broader issues relating to children relocating or being taken abroad.

We can help you:

• Understand your rights and responsibilities when relocation is proposed

• Explore available options and next steps

• Prepare structured, child-focused plans or responses

• Navigate emotionally complex situations with confidence

• Remain focused on the welfare of your child throughout

Whether you are seeking to relocate or responding to a proposed move, we offer compassionate, practical support designed to help you move forward constructively.