Relocating with Children: What You Need to Know in Children Act Proceedings
Relocation disputes are a common and often sensitive issue in Children Act proceedings in England and Wales. Whether a parent wishes to move within the UK or abroad, the law places the child’s welfare at the centre of any decision.
If you share parental responsibility, you cannot simply relocate with your child without the consent of everyone else who holds parental responsibility or permission from the court. This applies equally to internal moves (for example, from London to Manchester) and international relocation.
When an agreement cannot be reached, an application to the court will be necessary. The court will consider the child’s best interests as the paramount concern, guided by the “welfare checklist.” This includes factors such as the child’s needs, their relationship with each parent, the impact of the proposed move, and how contact with the non-relocating parent will be maintained.
For parents seeking to relocate, it is important to present a well-thought-out plan. This should address practical arrangements such as housing, schooling, and how the child will maintain a meaningful relationship with the other parent. Courts are more likely to look favourably on applications that demonstrate careful planning and a genuine focus on the child’s welfare.
For parents opposing a relocation, the court will consider the potential impact on the child’s relationship with you and whether suitable contact arrangements can realistically be sustained.
Relocation cases can be complex and emotionally challenging. Early legal advice can help you understand your position, explore options for agreement, and, if necessary, present a strong case to the court.
This blog is provided for general information purposes only and does not constitute legal advice If you or someone you know require advice on a relocation matter or any aspect of Children Act proceedings, please get in touch and our solicitors would be happy to discuss.
Zubair Dharamsi Gowsigan Gnanakumaran Maisa Riazi
Partner Solicitor Trainee Solicitor
zd@roselegal.co.uk gg@roselegal.co.uk mr@roselegal.co.uk
