When a relationship ends, many parents dream of a fresh start, perhaps closer to family abroad, in a new job, or simply somewhere that offers a better life for their children. But if you’re thinking about moving to another country with your child, there’s one crucial truth you need to know from the outset: you cannot just go if the other parent has parental responsibility.
Even if your intentions are loving and genuine, removing a child from England and Wales without the right permission can have serious legal consequences, including the possibility of being accused of child abduction. This is one of the most misunderstood areas of family law and one of the most emotionally charged.
Here’s what you must understand before you make any plans.
You need permission either from the other parent or the court
If both parents share parental responsibility, you cannot take your child abroad to live without the other parent’s written consent or a court order. Even a move you believe is temporary such as for work, family support, or a new start can be treated as “wrongful removal” if that permission isn’t in place.
Without it, the other parent could make an urgent application under the Hague Convention to have the child returned and if they do, this is often determined within a matter of weeks. It’s a situation that can become devastating and complex very quickly.
What the court looks at when deciding
If agreement isn’t possible, you’ll need to apply to the family court for permission to permanently relocate. The court’s priority is always the welfare of the child, not the wishes of either parent.
When deciding, the judge will consider questions such as:
- Motives: Are you seeking a genuine, child-focused move, or trying to cut the other parent out?
- Practical plans: Where will you live? What school will your child attend? What about healthcare and financial stability?
- Ongoing relationships: How will your child stay connected with their other parent? Regular video calls, extended holiday contact, and visits all matter.
- Child’s voice: If your child is old enough, their wishes and feelings may also be taken into account.
The more thought and planning you put into answering these questions, the stronger your case will be.
Build a relocation plan that puts your child first
The key to a successful application is showing that the move isn’t just about a new life for you, it’s truly about what’s best for your child. A robust plan should cover:
- Clear reasons why the move benefits your child’s future.
- Evidence of suitable housing, schooling, healthcare, and support networks.
- A carefully considered contact schedule with the other parent.
- Emotional support plans to help your child adjust to change.
Get legal advice early before you book flights
International relocation cases are complex, sensitive, and often fiercely contested. Taking legal advice before you make any decisions can make all the difference both in protecting your position and in improving your chances of success.
A specialist family lawyer can help you:
- Open constructive discussions and try to reach agreement.
- Prepare a compelling application and evidence bundle.
- Address potential objections before they become barriers.
- Safeguard your rights and your child’s best interests.
Final thoughts
Wanting to build a better life for your child is one of the most natural instincts in the world. But if that new life means crossing borders, it’s essential to get the legal foundations right. With early advice, careful planning, and the right support, many parents do succeed in securing permission to relocate and in building happy, stable lives for their children overseas.
How Nelsons can help
Melanie Bridgen is a Partner in our Family Law team.
Thinking about moving abroad with your child or worried about your co-parent’s plans? At Nelsons, we have a dedicated team of experts who can give specialist advice and representation. If you need advice on any related matters, please contact Melanie or another member of the team in Derby, Nottingham or Leicester on 0800 024 1976 or via our online form.
Melanie or the team will be happy to discuss your circumstances in more detail and give you more information about the services that our family law team can provide, along with details of our hourly rates and fixed fee services.
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