Relocating with Children After Divorce: Legal Implications in the UK

Relocating with children after a divorce can be a complex legal issue in the UK. Whether a parent is moving within the country or abroad, they must consider the rights of the other parent, the child’s best interests, and the legal requirements for relocation. Failing to follow the correct legal process can lead to serious consequences, including court action.

This article outlines the key legal implications of relocating with children after divorce, the process involved, and how courts make decisions in such cases.

1. Do You Need Permission to Relocate with Your Child?

If you are the resident parent (the parent with whom the child primarily lives), you cannot simply decide to relocate without considering the other parent’s rights. The legal requirements depend on whether you are moving within the UK or abroad.

Moving Within the UK

There is no legal requirement to obtain permission from the other parent or the court to move within the UK. However, if the move significantly affects the other parent’s ability to maintain contact with the child, they may challenge the relocation in court.

If the parents share parental responsibility, it is good practice to discuss and agree on the move in advance. If the other parent opposes it, they can apply for a Prohibited Steps Order (PSO) to prevent the relocation.

Moving Abroad

If a parent wishes to move abroad with a child after divorce, they must obtain either:

• Written permission from everyone with parental responsibility (usually the other parent), or

• A court order allowing the relocation.

Taking a child abroad without consent could be considered child abduction under the Hague Convention on International Child Abduction, leading to serious legal consequences.

2. How Courts Decide Relocation Cases

If parents cannot agree on relocation, the family court will decide based on the child’s best interests. The parent wishing to move must apply for a Specific Issue Order under Section 8 of the Children Act 1989.

Factors Courts Consider

The court’s primary focus is on the welfare of the child. Factors include:

• The child’s relationship with both parents – Will the move significantly disrupt the child’s bond with the other parent?

• The reason for the move – Is the parent relocating for genuine reasons (e.g., a job, family support), or to limit contact with the other parent?

• The impact on the child – How will the move affect the child’s emotional and educational stability?

• The alternative contact arrangements – Can the other parent still have meaningful contact, such as through extended visits or virtual communication?

• The wishes of the child – If the child is old enough (usually 12+), their views may be considered.

The court will balance these factors to determine whether the relocation is in the child’s best interests.

3. Prohibited Steps Orders & How to Prevent a Move

If a parent believes the relocation is not in the child’s best interests, they can apply for a Prohibited Steps Order (PSO) to prevent the move.

What is a Prohibited Steps Order?

A PSO is a legal order that prevents one parent from taking a specific action regarding their child, such as:

• Moving to a new location

• Changing the child’s school

• Taking the child abroad

Courts will grant a PSO if they believe the move would cause harm to the child’s welfare. If a PSO is in place, the relocating parent must not move without a court ruling in their favor.

4. What Happens If a Parent Moves Without Permission?

If a parent relocates without consent or a court order, they could face serious legal consequences, including:

• Being ordered to return the child – The court may issue an order forcing the parent to move back.

• Loss of custody – The court may change residence arrangements if the move was done in bad faith.

• Legal penalties – In extreme cases, relocation without permission could be treated as child abduction.

If a parent has already moved without consent, the other parent can apply for an emergency court order to have the child returned.

5. Practical Steps for Parents Considering Relocation

If you are planning to relocate with your child after divorce, consider these steps:

Discuss with the Other Parent – Open communication can help avoid legal disputes.

Get Legal Advice Early – A family law solicitor can advise you on your rights and obligations.

Prepare a Relocation Plan – Courts will want to see a well-thought-out plan, including housing, schooling, and contact arrangements.Consider Mediation – Mediation can help parents reach an agreement without going to court.

Apply for a Court Order if Needed – If the other parent objects, seek a Specific Issue Order to ensure you have legal approval.

Relocating with a child after divorce is a legally sensitive issue in the UK. While moving within the country does not always require permission, a move abroad does. Courts prioritise the child’s best interests, considering the impact on relationships, stability, and overall well-being.

If you are considering relocating, it is essential to seek legal advice and follow the correct process. Taking the right steps can prevent disputes and ensure a smooth transition for both you and your child.