By Leah Caldwell | Family & Children | November 2024

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Relocating after divorce with a child

Whether you wish to relocate to another part of the UK or move permanently abroad with your child, or are concerned that your child’s other parent wishes to move away with your child, our family mediation team is here to help. This blog will discuss whether permission is required to relocate with a child, the considerations for moving away in the UK or internationally, and some considerations before doing so.

Is permission required to relocate with a child after a divorce?

After a separation or divorce, either parent may decide to relocate with the children. This issue can often be presented as being very polarised - either a parent relocates with a child or they do not. However, understanding the details of what is being proposed, and discussing how relationships between a child and both parents can still be retained, can help parents to find compromises and solutions; this is where family mediation can help. As a minimum, family mediation can be a means of sharing information, which will be an important element of any subsequent court proceedings. If parents are unable to agree on the relocation, it will usually be necessary to make an application to the court and ask for a judge to determine the issue.

Relocating with a child in the UK

If you wish to move to another part of the UK with your child, it is generally expected that you should first obtain the permission of the other parent. If this is not forthcoming, you should obtain permission from the court via a specific issue order application. This is because, in the absence of permission from the other parent or the court, it is open to the other parent to apply for prohibited steps to prevent the proposed move. It is likely that, if the matter is being considered by the court and one parent has moved without obtaining permission from the other parent or the court, this will be looked upon unfavourably. Your child's welfare will remain the court's paramount consideration when dealing with issues surrounding moving away.

Relocating with a child internationally

If you wish to relocate to live permanently abroad with your child, you must obtain the consent of the other parent. If your child's other parent doesn't consent, you need to apply for a Specific Issue Order. Ignoring your co-parent’s wishes could lead to prosecution for child abduction and being forced to return your child.

What will the court consider?

The court will always consider the child’s welfare as paramount. Relocation may bring with it benefits for the child, including increased opportunities for both the child and their parent. However, relocation can be challenging for a child as it will inevitably involve a change to their lifestyle and may disrupt their relationship with their other parent. You should communicate with your child as clearly as possible and be open to listening to their thoughts and feelings on the potential move.

The court may consider factors including:

• Is the proposed move genuine and not an attempt to exclude the other parent?
• Are the plans realistic and thought through?
• The other parent’s reasons for their opposition.
• Would there be a detriment to the relationship between the child and other parent?

Frequently Asked Questions

Can I move with my child without the father’s/ mother’s permission?

Following separation or divorce, it is important to seek the consent of the other parent whether you are relocating to the UK or abroad. If the other parent disagrees, they could take legal action to stop you from relocating.

Can the court refuse to permit my ex to relocate with my child?

Yes. If the court deems the relocation is not in your child’s best interests, they can refuse to consent to the move. The reason for their refusal could be due to:

• No prior planning in terms of where the relocating parent will live, work, or where the child will go to school.
• The child expresses a desire not to move (more relevant to older children).
• Potential for the relationship between the child and other parent to significantly deteriorate due to relocation.

What happens if my child has been taken without my consent?

If your ex-partner has relocated with your child without your consent, you should speak to a family law solicitor as soon as possible.

Contact our family mediation team

At Mediation First, our expert family mediators help parents to discuss the prospect of relocation and work together to determine what is best for their child/ren.

For tailored guidance and to explore mediation options,contact us today.

Tel: 0330 320 7600
Email: office@mediationfirst.co.uk.