If you have a Child Arrangements Order in place specifying that your child lives with you, you cannot relocate without the consent of everyone with parental responsibility (usually the other parent). If the other parent does not agree, you must apply to the family court for permission.
If no formal agreement or court order is in place, the situation is more complex. Moving your child without the other parent’s knowledge or consent can lead to legal disputes, including prohibited steps orders to prevent relocation.
If a relocation case goes to court, the judge will assess whether the move is in the child’s best interests using the Welfare Checklist from the Children Act 1989. Key factors include:
If the court believes the move could harm the child’s relationship with the other parent or disrupt their stability, it may refuse permission or set strict conditions.
If you need to seek court approval for relocation, you should prepare a clear relocation plan demonstrating:
The more detailed and child-focused your plan, the more likely the court will view the move as genuinely beneficial rather than an attempt to restrict contact with the other parent.
If the non-relocating parent objects to the move, they can apply for a Prohibited Steps Order (PSO) to prevent it. The court will then decide whether relocation should be blocked.
If you are the parent challenging a move, it’s essential to show:
Courts try to balance a parent’s right to move with the child’s need for a stable and loving relationship with both parents.
Relocation cases are some of the most complex in family law, requiring careful legal planning and expert guidance. Ria Cohen Family Law can help you apply for relocation, object to a move, or negotiate arrangements that work for your child’s best interests. If you’re considering moving with your child after separation, get in touch today to ensure you take the right legal steps.
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