Relocating abroad with a child can offer exciting opportunities – a new lifestyle, culture, and sometimes improved financial stability. However, where parents are separated, moving a child out of England and Wales is not straightforward and requires careful legal consideration.
Below, we answer some of the most common questions we receive about international relocation, including more complex family situations.
Q: Can I relocate to Spain with my child without the other parent’s consent?
A: In short, no – not if the other parent has parental responsibility.
If both parents have parental responsibility, you must either:
- Obtain the other parent’s written consent, or
- Apply to the Family Court for permission (a “relocation” or “leave to remove” application).
Removing a child from the jurisdiction without consent or a court order can be considered child abduction, even if you are the child’s primary carer.
Q: What will the court consider if I apply to relocate to Spain?
A: The court’s paramount consideration is the child’s welfare. This is assessed using the welfare checklist, alongside established relocation principles.
The court will typically look at:
- Your reasons for the move (e.g. employment, family support, lifestyle)
- Whether your plans are well-researched and realistic
- The impact on the child’s relationship with the other parent
- Proposals for contact arrangements (e.g. holidays, travel, video calls)
- The child’s education, language, and integration into life in Spain
- The impact on you if the application is refused
Well-prepared applications with clear, practical plans tend to carry more weight.
Q: Do I need to have everything arranged before applying?
A: Ideally, yes.
The court will expect a detailed relocation plan, including:
- Where you will live
- Schooling arrangements
- Financial stability (employment or support)
- Healthcare arrangements
- Proposed contact schedule with the other parent
A vague or speculative application is far less likely to succeed.
Q: What contact arrangements are expected if I move to Spain?
A: The court will want to ensure the child maintains a meaningful relationship with the left-behind parent.
This often includes:
- Extended holiday contact (e.g. most of the school holidays)
- Regular video and telephone contact
- Clear arrangements about travel costs and logistics
The reality is that contact will look different, but it must still be child-focused and consistent.
Q: What if my child wants to move? Will the court take their views into account?
A: Yes, depending on the child’s age and maturity, their wishes and feelings will be considered.
This is usually done through:
- A CAFCASS officer, or
- A Section 7 report
However, the child’s wishes are not determinative – they are one factor among many.
Q: What happens in more complex families – for example, where there are siblings living in different households?
A: These cases can be particularly challenging.
For example, imagine:
- Two siblings share a close bond
- One child lives with Parent A, and the other lives with Parent B
- Parent A wishes to relocate to Spain with their child
The court must consider not only:
- The child’s relationship with the left-behind parent, but also
- The sibling relationship, which can be equally significant
In these situations, the court may consider:
- The emotional impact of separating siblings across different countries
- The practicality of maintaining sibling contact
- The impact on the other parent caring for the sibling
- Whether the relocation would create an imbalance or strain across the wider family dynamic
This can lead to difficult decisions. In some cases, the importance of preserving sibling relationships may weigh heavily against relocation, particularly where:
- The siblings are very close
- Regular in-person contact would become impractical
Each case is highly fact-specific, and the court must balance multiple competing relationships, not just the primary parent-child dynamic.
Q: Can mediation help before going to court?
A: Absolutely. Mediation can be a constructive way to:
- Explore whether agreement is possible
- Discuss practical arrangements
- Avoid the stress, delay, and cost of court proceedings
Even if full agreement isn’t reached, mediation can help narrow the issues.
Final thoughts
Relocating to Spain with a child is a significant decision with lasting consequences. The court will carefully scrutinise any proposal to ensure that it is genuinely in the child’s best interests.
If you are considering relocation – or if the other parent has raised it – it is essential to seek early legal advice to understand your position and prepare properly.
If you would like tailored advice on your situation, Rina Mistry specialises in relocation cases and would be happy to assist.
How can we help?
Rina Mistry is a Legal Director in our Family Law team, advising on a wide range of family law work, and in particular specialising in private children law, international family matters, and domestic abuse.
If you need legal advice on relocation and or advice on any other subjects discussed above, please contact us and we will be happy to discuss your circumstances in more detail and give you more information about the services that our solicitors can provide, along with details of our hourly rates.
For more information or advice, please call Rina or another member of our team in Derby, Leicester, or Nottingham on 0808 258 0461 or contact us via our online form.
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