Can I relocate with my children after I divorce?

July 18, 2024

After a divorce or separation, you may decide that you wish to relocate with your children. This may be for a number of reasons, including remarriage, the offer of employment or wanting to be nearer family. There are two types of relocation, those which are within the UK, known as internal relocation or relocation outside of the UK, known as external relocation. The approach that the parties and the courts should take will differ depending on the type of relocation.

Internal separation.

During a separation or divorce, you may have put into place a Child Arrangements Order (“CAO”). This determines where the child is to live, and who they are to spend time with or have contact with. The person who is named in the CAO, as the person the children live with, does not need permission to relocate within the UK, but it usually good practice to inform and obtain the consent of the other parent. However, if the other parent disagrees with the move, they are entitled to apply for a prohibited steps order. This is an application to the court to prohibit the other party from taking certain steps. If the parent who wants to relocate knows that this will be opposed, they may apply for a specific issue order, to ask the courts to permit the relocation. When applying to the court both parents will need to show that they are acting in the child’s best interests. The court will seek to promote the welfare of the child, and must look to all relevant factors in deciding how best to do this.

The courts also must consider whether the child can still have a meaningful relationship with each parent if the relocation were to happen. Whilst there is no set amount of time for what constitutes a meaningful relationship, the relocating party must show that it will still be possible.

External relocation.

If you wish to relocate abroad with your child, then the steps to be taken depend largely on whether there is a CAO in force.

If there is no CAO in place, you should seek consent from the other parent, and every person with parental responsibility. If you do not obtain consent, you may be at risk of committing an offence under the Child Abduction Act 1984. If the other parent does not give their consent, then an application for permission to remove a child from the jurisdiction should be made under the Children Act 1989. If you are making an application, you must show the court you have considered all aspects of the move, including living arrangements, details of work, healthcare arrangements and more.

If you wish to oppose the move, you will need to explain to the court why you do not agree with the move, setting out your reasons such as practical difficulties if the child was to move, the wishes of the child, the effect on you, and any problems you can see with the move.

The court will consider the welfare of the child, and their wishes and feelings, the physical and emotional needs, the effect of a move, and how capable the parent is of meeting their needs.

If there is a CAO in place you can remove the child from the jurisdiction for less than 28 days, without seeking the court’s permission. If you wish to remove them from the UK for a month or longer, then you must obtain the written consent of everyone with parental responsibility.

It is often difficult to predict the outcome of the court’s decision, and this may differ on a case-by-case basis.

If you would like more information on any family law issues or would like to instruct us in making an application to the court on your behalf, please call our Solihull office on  0121 705 7571. 

Uzma Rasool
Trainee Solicitor – Family Department

This article is for general information purposes only. It does not constitute technical, financial, legal advice or any other type of professional advice and is no substitute for specific advice based on your individual circumstances. We do not accept responsibility or liability for any actions taken based on the information in this article. For more information, please click here.