Relocating with your child whether to another part of the UK or abroad can be a fresh start. However, it's also a decision filled with legal and emotional complexities. If your child has regular contact with their other parent, the process may be more challenging than expected.
Gurpreet Singh,Child Care LawAssociate at ourDerby office, breaks down what you need to consider before making the move, and how the law protects your child's best interests.
Relocating abroad: legal requirements
If you're planning to move abroad with your child, you must get consent from everyone with parental responsibility. This typically includes:
- the child's biological mother
- the father, if he is named on the birth certificate
If consent isn't given, you'll need to apply to the Family Court for permission. Taking a child abroad without consent or court approval is a criminal offence under the Child Abduction Act 1984, which prohibits removing a child under 16 from the UK without proper authority.
What will the court consider?
When deciding whether to allow international relocation, the court will focus on the child's welfare using the Children Act 1989 checklist. Key factors include:
- how the child will maintain a relationship with the other parent
- the reasons for the proposed move
- the impact of relocation on the child's emotional and educational stability
Moving within the UK
Unlike international moves, relocating within the UK doesn't require formal consent. However, if the other parent objects, they can apply to the court for:
- A Prohibited Steps Order (to prevent the move)
- A Specific Issue Order (to resolve the dispute)
Again, the court willprioritisethe child's welfare. It will consider how the move affects their relationship with both parents and the practicality of maintaining contact.
Practical points to consider before relocating
Before making any decisions, ask yourself:
- Why are you relocating? Is it for work, family, or lifestyle?
- Where will you live? What is the housing situation and how will it be funded?
- What school will your child attend? Is it suitable for their needs?
- How will contact be maintained? Can the child still see the other parent regularly?
Starting the legal process
If relocation becomes a legal issue, here's what to expect:
- Attend mediation – This is required before applying to court, to help both parents explore whether the issue can be resolved without going to court.
- Apply for a Specific Issue Order – Use Form C100, available online or in paper format. This asks the court to decide on a specific matter concerning your child, such as whether relocation should be allowed.
- Submit the form – Paper forms can be emailed to your local Family Court. After submission, the court will review your application and may schedule a hearing to assess the case. The judge will consider all evidence and apply the Children Act 1989 welfare checklist to determine what's in the child's best interests.
You can findForm C100 and submission detailson the UK Government website.
Relocation is a major life decision, not just for you, but for your child. Whether you're moving across the country or overseas, it's essential to understand your legal responsibilities and plan thoughtfully.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
