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Resolving disputes over where your children live

Child Relocation Solicitors

Moving with your child, whether across the country or abroad, can need the other parent’s consent or a court’s permission. Nelsons’ child relocation lawyers in Derby, Leicester and Nottingham advise both parents: those planning a move, and those who want to object to one.

We also advise on the closely related question of taking a child on holiday, since the same underlying rules about consent often apply.

Call 0800 024 1976 or contact us via our online enquiry form.

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Our Child Relocation Services

Whether you’re planning to move or want to stop one, the right approach depends on where you’re moving to, and whether everyone with parental responsibility agrees.

Moving Within the UK

A parent does not automatically need permission from the court to move within England and Wales. However, where the move would significantly affect the child’s relationship with the other parent, court proceedings may become necessary and the child’s welfare will remain the court’s paramount consideration.

The courts are generally resistant to restricting a parent’s choice of where to live, unless the child’s welfare genuinely requires it. That said, a significant move can still affect existing arrangements, so it’s worth getting advice early, especially if it will disrupt the other parent’s time with the child.

Moving Abroad

Taking a child to live outside the UK is different. Under section 13(1)(b) of the Children Act 1989, if a Child Arrangements Order names someone as the person a child lives with, that person cannot remove the child from the UK for more than one month without the written consent of everyone with parental responsibility, or a court order.

The court will consider the impact of the proposed move on the child, the reasons for the relocation, the arrangements for maintaining the child’s relationship with the other parent, and the overall welfare of the child.

What Will The Court Look At In A Relocation Case?

Every relocation case turns on its own facts. The court’s primary consideration is the child’s welfare. Factors that may be considered include:

  • The reasons for the proposed move.
  • The child’s wishes and feelings (depending on age and understanding).
  • The impact on the child’s relationship with each parent.
  • Education, housing and support arrangements.
  • Proposals for future contact.
  • The practicalities and cost of travel.
  • Any emotional, cultural or family connections in the proposed location.

Urgent Relocation Concerns

If you believe a parent intends to relocate with your child without agreement, urgent applications may be available to prevent the move while the court considers the issues properly.

Objecting to a Proposed Move

If you don’t agree to a proposed move, whether within the UK or abroad, you don’t have to. We can help you raise your objection directly, or, where needed, apply to court to prevent the move going ahead.

Taking a Child on Holiday

If a Child Arrangements Order names you as the person a child lives with, you can usually take them abroad for up to 28 days without the other parent’s consent, unless the order itself says otherwise. Longer trips, or a trip taken by someone who isn’t named as the child living with them, generally need consent or a court order, regardless of length. Parents should also check whether the destination country’s entry requirements require evidence of parental consent, even where consent is not legally disputed.

A Common Misconception: “If I Have a Lives-With Order, I Can Just Go”

A Child Arrangements Order naming you as the person your child lives with gives you some flexibility, particularly for shorter UK moves and short holidays. It doesn’t remove the need for consent or a court order for a permanent move abroad; that’s governed separately by section 13 of the Children Act 1989.

How We Support Relocation Cases

Every family’s situation is different, but our approach follows a consistent path, shaped by our Client Service Charter.

  1. Your first conversation – We establish whether you’re moving within the UK or abroad, since the legal position is genuinely different.
  2. Seeking agreement – Where possible, we help you reach agreement directly or through mediation, since imposed decisions rarely serve anyone well, least of all the child.
  3. Court application, if needed – We prepare the right application, whether you’re seeking permission to relocate or opposing someone else’s proposed move.
  4. Staying informed – You’ll have a named contact with a direct dial and mobile number, and every matter is supervised by a Partner or Legal Director.
  5. Reaching a resolution – We aim for outcomes that give your family a clear, workable way forward, wherever that leaves you living.

Why Choose Nelsons for Child Relocation

Our reputation comes from decades of family law casework in the East Midlands, and from named recognition in the legal directories.

  • Resolution and Law Society accredited – Our family law team includes Resolution-accredited specialists and Law Society Family, Advanced Family and Children Panel members.
  • Genuine specialist depth – Child relocation is a core area of expertise for several members of our family law team, not just one individual.
  • Recognised by the legal directories – Ranked Tier 1 by The Legal 500 for family law in the East Midlands, noted for strength in cases with an international element. Our children team is also recognised by Chambers and Partners for public and private children law.
  • East Midlands presence, national backing – Offices in Derby, Leicester and Nottingham, backed by Lawfront’s national family law network.

  • "Nelsons Solicitors Limited has an experienced family and children law practice, and is noted for its strength in cases with an international element. The family team...regularly advises high-net-worth individuals on financial relief cases..."

    The Legal 500
  • "...Melanie Bridgen, who heads up the children team, is experienced in complex children proceedings; this includes matters concerning international relocation, parental alienation and non-accidental injuries."

    The Legal 500 (Continued)
  • “Accomplished practice noted for both matrimonial and childcare matters. Appropriately equipped to assist with public and private children law, including adoptions, child abductions and non-accidental injury cases..."

    Chambers and Partners
  • "...Active in high-value financial remedy matters, including those involving trusts, commercial assets and cross-border aspects.”

    Chambers and Partners (Continued)
  • "Nelsons...is a leading firm in family law. They represent people from all walks of life and always give 110% to all of their cases. Their diversity is exceptional. Unlike other solicitors they are always on hand to speak by phone or email, night or day or weekend..."

    The Legal 500 2023
  • "...They will take the most challenging pro bono cases to ensure that clients have the best representation and advocacy."

    The Legal 500 2023 (Continued)
  • "Midlands powerhouse Nelsons Solicitors Limited houses family law specialists in each of its three offices, led by Emma Davies (in Nottingham); Melanie Bridgen (Derby)..."

    The Legal 500 2023
  • "The firm is particularly recommended for its capabilities in dealing with international children law cases, a specialism of Bridgen, as well as, surrogacy, unravelling trusts, complex business arrangements and divorce..."

    The Legal 500 2023 (Continued)
  • "Superb family law team, class A and the absolute go to in children law and financial relief on divorce. They far outweigh their competitors in every aspect. The people provide hands on support and client care from the outset concentrating on strategy and approach..."

    Referee feedback provided to The Legal 500 2024
  • "...Given their wealth of experience, they are financially competitive."

    Referee feedback provided to The Legal 500 2024 (Continued)
  • "Nelsons are an well-established and highly respected firm, deservedly so. They cover a number of disciplines with the utmost professionalism. They are a pleasure to deal with and prominent in the local legal community."

    Referee feedback provided to The Legal 500 2024

Plan Your Next Move With Confidence

Whether you’re planning to relocate or need to respond to someone else’s plans, early advice makes a real difference.

Call 0800 024 1976 or contact us via our online enquiry form today.

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