Child Relocation
At Descartes Solicitors, our experienced Family Law Team provides expert guidance on child relocation matters, both within the UK and internationally.
We understand that relocating with a child can be an emotionally charged and complex issue. Whether you are seeking to move abroad or to another part of the UK, or you wish to prevent a relocation that could affect your relationship with your child, our team will guide you through the legal process with sensitivity, clarity, and professionalism.
Call us on 020 8995 3556 for immediate advice and assistance. We are available to help you in person, by phone, or online.
Understanding Child Relocation
A parent who wishes to relocate abroad with a child must have the consent of the other parent who holds parental responsibility, or permission from the court. Without such consent, taking a child abroad may amount to child abduction, which is a criminal offence.
If a parent intends to relocate to another part of the UK and the other parent does not agree, it may be necessary to apply to the court for an order to prevent the relocation. In urgent situations, such as when there is a threat that a child may be taken without consent, an emergency application may be required.
Our Family Law Team can assist with both types of applications — whether you are seeking permission to relocate or opposing a proposed move — ensuring your case is presented carefully and supported by strong evidence.
What the Court Considers
When deciding on an application for child relocation, the court’s primary concern is always the welfare of the child. The judge will assess whether the application is genuine and realistic, rather than motivated by a desire to limit the child’s relationship with the other parent.
The court will look closely at the parent’s reasons for wishing to relocate, the impact of the move on the child, and how contact with the other parent will be maintained. It will also consider the practical and emotional consequences for all parties involved.
The court will ask whether the opposition to relocation is based on genuine concern for the child’s welfare, or whether it is driven by another motive. It will also consider the effect of relocation on the parent who remains in the UK and how their future relationship with the child might be affected.
Equally, the court will look at whether the proposed move is well-researched, properly planned, and in the child’s best interests. The potential benefits of the relocation — such as improved family support or stability — will be weighed against the disadvantages of reducing contact with the other parent.
The Welfare Checklist
The child’s welfare is the court’s paramount consideration, and it must have regard to the factors set out in section 1(3) of the Children Act 1989, known as the welfare checklist.
In making its decision, the court will consider the child’s wishes and feelings (in light of their age and understanding), their physical, emotional, and educational needs, and the likely effect of any change in their circumstances. The court also takes into account the child’s age, sex, background, and any relevant characteristics.
In addition, the court considers any harm the child has suffered or may be at risk of suffering, and how capable each parent is of meeting the child’s needs. Every case is decided on its unique facts, with the child’s best interests at the heart of the judgment.
Balancing the Issues
Relocation cases often involve complex emotional and practical challenges. The parent seeking to relocate may be doing so to join a new partner or to pursue new opportunities, while the other parent may have understandable concerns about losing regular contact with their child.
There may also be issues relating to travel arrangements, maintaining family connections, language barriers, schooling, and religious or cultural identity. These matters can be deeply personal and must be carefully balanced by the court.
Our Family Law Team recognises the sensitivity of these cases and provides strategic advice to ensure that your views are represented effectively and respectfully throughout the process.
Our Advice
Child relocation is a specialist area of family law that requires careful planning, detailed evidence, and a clear understanding of how the courts approach such applications.
If you are considering relocating with your child, or if you wish to prevent another parent from doing so, early legal advice is essential. Our Family Law Team can guide you through the necessary steps, help you prepare the required evidence, and present your case in a persuasive and well-structured way.
We will work with you to protect your relationship with your child and to achieve an outcome that reflects their best interests and long-term welfare.
Descartes Solicitors
First Floor, 152 Chiswick High Road
London W4 1PR
Telephone: 020 8995 3556
Email : info@descartessolicitors.co.uk
If you are considering relocating with your child or need to prevent a relocation, contact our Family Law Team today for confidential and professional advice.