Resolving disputes over where your children live
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.
- Your first conversation – We establish whether you’re moving within the UK or abroad, since the legal position is genuinely different.
- 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.
- Court application, if needed – We prepare the right application, whether you’re seeking permission to relocate or opposing someone else’s proposed move.
- 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.
- 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.
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.
Meet the team
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Melanie BridgenPartner & Solicitor
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Gayle RowleyPartner, Solicitor & Mediator
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Joanne MillershipLegal Director & Solicitor
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Rina MistryLegal Director & Solicitor
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Naomi BondSenior Associate & Solicitor
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Child Relocation Lawyers FAQS
Below, we have answered some frequently asked questions concerning
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Do I need permission to move to another part of the UK with my child?
Not usually, but a significant move can still affect existing arrangements, so it’s worth getting advice, particularly if it will disrupt the other parent’s time with the child.
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Do I need permission to move abroad with my child?
Yes, if a Child Arrangements Order names someone as the child’s home. You’ll need the written consent of everyone with parental responsibility, or a court order, under section 13 of the Children Act 1989.
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Can I take my child on holiday without the other parent's consent?
If you’re named as the person the child lives with, usually yes, for up to 28 days, unless the order says otherwise. Longer trips, or trips by someone not named in that way, generally need consent.
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How far can I move within the UK without permission?
There is no specific distance limit. The key issue is the impact the move will have on the child’s welfare and relationship with the other parent.
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What if we can't agree on a proposed move?
Either parent can apply to court: the parent wanting to move, for permission, or the other parent, to prevent it. We can help with either application.
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What happens if my child is taken abroad without my consent?
This may amount to child abduction. Urgent legal remedies may be available, particularly where the destination country is a signatory to the Hague Convention.
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What's the difference between relocation and abduction?
Relocation is a lawful process, agreement or a court order sought before a move. Abduction is removal or retention without that consent. See our Child Abduction page if a move has already happened without agreement.
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