Law Articles

Moving Abroad with Children After Separation or Divorce 29/05/2025

If you are separated or divorced and considering a permanent move abroad with your children, it is important to understand the legal requirements before making any decisions. Whether you are planning a fresh start or relocating for work or family reasons, the law prioritises the best interests of the child — and that often means involving the other parent in the decision.

Consent Is Essential

To move abroad with your children, you must first obtain written consent from the other parent and anyone else who has parental responsibility. If the other parent does not agree, you will need to apply to the Family Court for permission. This is known as a “leave to remove” application.

Applying to the Court

If an agreement cannot be reached, you will need to apply for a court order. Before doing so, the law usually requires you to attend a mediation meeting to explore whether the issue can be resolved without going to court. This step can be skipped only in specific circumstances, such as concerns about safety, domestic abuse, or urgency (as defined in court rules).

The court will expect a detailed plan explaining how the relocation will benefit your children. Your statement should include:

• Your proposed living arrangements
• Employment prospects and family plans abroad
• Schooling arrangements for your children
• Healthcare and medical provision
• How your children will maintain a relationship with the parent and family members remaining in the UK
• The financial feasibility of the move
• Your support network in the new country
• Immigration or visa requirements
• The personal impact on you if the move is refused.

A solicitor can help you draft this statement and may also collect supporting statements from family members who are involved with the children and support your plans.

If You are Opposing a Relocation

If your former partner wants to move abroad with your children and you disagree, you have the right to challenge the application. You will need to explain your concerns in a detailed statement, including:

• Your current relationship and contact arrangements with the children
• How the move would disrupt your ability to maintain regular contact
• Concerns about the proposed living, schooling, or healthcare arrangements
• Your understanding of the children’s wishes
• How the move would personally affect you.

Your solicitor can help you prepare your response and may also collect supporting statements from others involved in your children’s lives.

How the Court Decides

The court’s focus is on the best interests of the child. Judges use a legal checklist to evaluate each case, considering factors such as:

• The children’s wishes and feelings, depending on their age and understanding
• Their physical, emotional, and educational needs
• The impact of changing their current circumstances
• Their age, background, and individual characteristics
• Any potential risk of harm
• Each parent’s ability to meet their needs.

The court will also assess how the relocation or refusal will affect both parents. It will examine whether the reasons behind the move — or the objections to it — are genuine and well thought out.

In many cases, the court appoints a Cafcass officer (from the Children and Family Court Advisory and Support Service) to meet with both parents and, where appropriate, the children. The Cafcass officer will prepare a report and may make a recommendation to the judge.

A Complex and Sensitive Decision

Relocation applications are among the most complex and emotionally charged decisions in family law. Each case is unique, and outcomes can be difficult to predict. Whether you are seeking permission to relocate or opposing a proposed move, it is crucial to get specialist legal advice and be thoroughly prepared.

For further information and advice on this issue, and other family law issues, please contact us for a free initial consultation.