Moving on after separation

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Moving on after separation: when can you relocate with a child?

After separation, it is common for one parent to want a fresh start. This might mean moving closer to family, relocating for work, or simply finding somewhere new to live. When a child is involved, however, relocating is not a decision a parent can usually make alone.

Disputes about relocation are one of the more difficult areas of family law, as they involve balancing a parent’s freedom to move with a child’s need for stability and ongoing relationships.

Do You Need the Other Parent’s Consent?

If the child lives with you and the move is within England and Wales, there is no automatic requirement to obtain the other parent’s consent. However, if the other parent has parental responsibility and meaningful involvement in the child’s life, it is usually sensible and often necessary in practice to discuss the move with them first.

If the proposed move would significantly affect the other parent’s time with the child, disagreement can quickly arise.

Relocating a child outside England and Wales is different. In those circumstances, consent from everyone with parental responsibility or permission from the court is required before the move can take place.

The Importance of Planning and Communication

Relocation proposals that are thought through carefully and presented clearly are more likely to be viewed favourably. Courts will often be cautious where plans appear vague, rushed or driven primarily by adult conflict.

Where possible, parents are encouraged to consider alternative arrangements that preserve meaningful relationships, such as revised contact schedules, holiday time, or increased use of video calls.

What the Court Will Consider

If court involvement becomes necessary, a judge will look carefully at the practical and emotional impact of the proposed move. This may include:

The reasons for the relocation
The distance involved and how contact would be maintained
The child’s current arrangements and stability
The child’s relationship with each parent
The child’s wishes, where appropriate

There is no presumption for or against relocation. Each case turns on its own facts.

Alternatives to Court Proceedings

Court should generally be a last resort. Mediation and solicitor-led negotiation can help parents explore options in a less adversarial environment and may lead to practical compromises that court proceedings cannot easily deliver.

Even where agreement cannot be reached, attempts to resolve matters outside court are often looked on positively by judges.

How Solicitors Can Help

Relocation cases are emotionally demanding and legally complex. A family solicitor can advise on whether consent is required, help negotiate practical arrangements, and represent a parent if an application to court becomes necessary. Careful preparation and a clear, child-focused approach can make a significant difference to how these cases are resolved.

This article is for general information only and should not be relied on as legal advice. For tailored advice, please contact our specialist solicitors.