Relocating with a child can be a complicated and emotional process, and having the right support and advice can help make it easier and practical for the whole family. Ramsdens’ specialist Child Law team are here to help you.
Whether you’re the parent seeking to move or the one worried about the impact on your relationship with your child, understanding your rights and options is crucial – and that’s where we can help.
We’ve found there are many questions asked by clients in this situation and in order to help inform people affected by relocation, we’ve prepared a friendly guide to help you navigate internal relocation.
Permission and Legal Aid
In the UK, both parents with parental responsibility must agree before a child can be moved out of England or Wales. However, internal relocation within the country also has its challenges, especially if it disrupts the child’s relationship with the other parent.
Orders affecting internal relocation
If you have sole care of your child or are named in a Child Arrangement Order as the parent with whom the child lives, you typically don’t need the Court’s permission to move. However, if this move affects any existing court orders, you may need to get those orders changed.
The parent who isn’t moving can apply for a Prohibited Steps Order to prevent the relocation. Alternatively, they might seek a new Child Arrangement Order to change where the child lives.
Special circumstances
If the move is due to concerns such as domestic abuse, a Child Protection Investigation may be necessary first. Also, parents with a ‘Live With’ arrangement can take their child on holidays, but for less than a month, unless extra permission is obtained.
Common reasons for internal relocation
Internal relocations often happen because:
- A parent remarries or starts a new relationship, and the new partner’s job moves
- A parent gets a job offer in another part of the UK
- A parent wants to return to their hometown to be near family and friends after a separation or divorce
- A parent desires a lifestyle change, like moving from the city to the countryside
Usually, it’s the parent with primary care of the child who seeks to move.
Options for the non-moving parent
If you’re the parent staying behind, you have several options:
- Accept the move and negotiate a new Child Arrangement Order to ensure you still get quality time with your child, possibly increasing holiday or weekend visits
- Apply for a Prohibited Steps Order to stop the move, or add a condition to the current Residence Order to prevent relocation
- Apply for a new Child Arrangement Order to change where the child lives, ensuring you maintain your relationship through agreed visits
Considering the court’s perspective
The court will focus on what’s best for the child’s welfare. Generally, a primary carer’s request to move isn’t refused unless there are strong reasons, like welfare concerns or poor planning. The court aims to ensure the child’s wellbeing and maintains their relationship with both parents as much as possible.
