When separated parents share responsibility for a child, moving abroad is not something that can be done lightly. From a legal standpoint, such a move can impact every aspect of the child’s life, most importantly, their relationship with both parents. In the UK, family law sets out clear requirements to ensure that the child’s welfare remains the top priority.

Consent Is Not Optional

If both parents have parental responsibility, neither can take the child to live abroad without the other’s written agreement or a court order. This applies even if one parent has a child arrangements order stating the child lives with them.

Under the Children Act 1989, removing a child from the UK without proper consent may amount to child abduction, which carries serious legal consequences. A parent planning to relocate must first seek agreement from the other parent. If that fails, the next step is applying to the Family Court for permission, known as a “leave to remove” application.

Applying to the Court

To apply, the parent needs to submit a Specific Issue Order using Form C100. The court will assess the application based on the child’s best interests. This includes an early hearing to explore possible agreement, often involving CAFCASS (Children and Family Court Advisory and Support Service), who provide an independent report focusing on the child’s safety and wellbeing.

If the case progresses, both parents may need to prepare detailed statements. The judge will weigh factors such as:

  • Emotional ties with both parents
  • The impact of relocation on education and social life
  • Living conditions and stability in the destination country
  • A practical plan to maintain the child’s connection with the parent remaining in the UK

The child’s welfare is always paramount under section 1 of the Children Act 1989.

Blocking a Relocation

When a parent strongly disagrees with the proposed move, they can apply for a Prohibited Steps Order. This prevents the child from being taken abroad until the court decides. Alternatively, they might apply to vary the child arrangements order to ensure the child remains in the UK.

If possible, mediation is encouraged before court proceedings begin. However, if there’s no resolution, the process could take several months and involve multiple hearings.

Temporary Travel Versus Permanent Relocation

A child arrangements order allowing the child to live with one parent gives that parent the right to take the child abroad for up to 28 days without needing consent, provided there’s no interference with the other parent’s contact. Anything beyond that, including permanent moves, requires full agreement or court approval.

Practical and Legal Considerations Abroad

Moving to another country also means dealing with a foreign legal system. Issues like the recognition of UK court orders, future changes to custody, and enforcement of contact rights may not be straightforward. In these cases, the Hague Convention on the Civil Aspects of International Child Abduction 1980 often applies, especially where both countries are signatories.

This treaty helps resolve international custody disputes, but not every country enforces it consistently. For this reason, getting advice from a solicitor experienced in international family law is important.

Final Thoughts

A parent cannot take a child abroad without addressing the legal consequences. UK courts are clear: any decision that affects a child’s living arrangements must be made with their welfare in mind. Legal processes may be involved, and they take time and preparation. If you are planning an international move or facing one, seeking early legal advice is the best step to protect your rights and your child’s wellbeing.