Child Relocation and the Court’s Approach: Re Simon [2025]
The recent case of Re Simon [2025] EWFC 249 highlights the critical importance of having a carefully considered, child-focused relocation plan when one parent wishes to move abroad with a child.
It is well established that a parent cannot lawfully relocate a child overseas without the consent of everyone who holds parental responsibility, or an order of the Family Court. Difficulties arise where one parent wishes to relocate for genuine reasons such as work or family life but the other parent objects because they understandably want to remain closely involved in the child’s life.
That tension was at the heart of Re Simon.
In this case, the mother wished to relocate from London to Dubai with her 13-year-old son after securing a “once-in-a-lifetime” job and planning to marry her partner, who lived there. Simon lived primarily with his mother but enjoyed regular and meaningful contact with his father. The father objected to the move, fearing the impact on their relationship.
The court was clear that there was no risk of child abduction and that both parents were committed to supporting Simon’s relationship with the other. The key question was therefore whether relocation was in Simon’s best interests.
Applying the welfare checklist under the Children Act 1989, the judge considered Simon’s education, stability, relationships, wishes and feelings, and the practical realities of maintaining contact. The court was particularly persuaded by the mother’s detailed and realistic proposals for schooling, healthcare and generous contact arrangements, including extended holiday visits and regular video communication.
Simon’s own views were given due weight, reflecting his age and maturity, but were balanced against longer-term welfare considerations. Ultimately, the court concluded that the move would offer Simon stability and opportunity while preserving a meaningful relationship with his father.
The case serves as a clear reminder, relocation applications succeed not because of a parent’s wishes, but because of robust, child-centred planning that protects the child’s relationships and long-term wellbeing.
If you or someone close to you are considering relocating, our solicitors are here to provide confidential guidance and support throughout the process.
This article is for general information only and should not be relied on as legal advice. For tailored advice, please contact our specialist solicitors.
Zubair Dharamsi Gowsigan Gnanakumaran Maisa Riazi
Partner Solicitor Trainee Solicitor
zd@roselegal.co.uk gg@roselegal.co.uk mr@roselegal.co.uk
