26 August 2026
For separated parents, moving overseas with a child can raise important legal issues.
If you are considering relocating abroad with your child, or your former partner is planning to move, it is important to understand the rules before making any firm plans.
Can I move abroad with my child?
A parent cannot simply decide to move permanently abroad with their child without considering the other parent's rights.
Depending on the circumstances, you will usually need the agreement of those with parental responsibility or permission from the family court.
If a Child Arrangements Order is already in place stating that the child lives with you, there are additional rules about taking the child outside the UK.
It is always sensible to get any agreement in writing. A clear email or signed agreement can help avoid disputes later about what was discussed or agreed.
You can find further information about taking a child abroad on the GOV.UK website.
What about taking my child on holiday?
The rules for a holiday are different from permanently relocating.
If a Child Arrangements Order states that your child lives with you, you can generally take your child out of the UK for less than one month without obtaining the other parent's consent, provided the trip does not breach another part of the order.
It is sometimes referred to as the "28-day rule", but the legislation actually refers to a period of less than one month.
If there is no Child Arrangements Order, you should obtain the appropriate consent before taking your child abroad.
Even where consent is not strictly required, it is good practice to tell the other parent about your plans and provide details such as:
A signed consent letter can also be useful when travelling, particularly if you and your child have different surnames.
What happens if I move abroad without permission?
Taking a child out of the UK without the required consent or court permission can have serious consequences.
In certain circumstances, taking or sending a child under 16 out of the UK without the appropriate permission can be a criminal offence under the Child Abduction Act 1984.
There can also be serious consequences in the country you travel to. If that country is a member of the 1980 Hague Convention on International Child Abduction, the other parent may be able to apply for the child's return.
You can check whether a particular country is a member of the Convention using the Hague Conference status tables.
This is why it is important to obtain legal advice before deciding to relocate.
What if my former partner wants to move abroad with our child?
If you do not agree with your former partner's plans to move abroad, you may be able to ask the family court to prevent the relocation.
The court will focus on what is in the best interests of the child. It will consider the circumstances of the proposed move, as well as the impact it could have on the child's relationship with both parents.
It is therefore important to act quickly if you have concerns about a proposed relocation.
Can we resolve the disagreement without going to court?
Possibly. Court proceedings are not always the first or only option.
Where it is safe and appropriate to do so, parents may be able to reach an agreement through mediation or another form of dispute resolution.
Relocation can be difficult to resolve, but an agreement might involve practical arrangements such as:
You can find an accredited mediator through the Family Mediation Council.
In most cases, you will also need to attend a Mediation Information and Assessment Meeting (MIAM) before making an application to court, although exemptions can apply.
What happens if the matter goes to court?
The application you need to make will depend on your circumstances and whether there is already a Child Arrangements Order in place.
Where an existing order says that the child lives with you, you may need to ask the court for permission to take the child out of the UK and may also need to ask for the existing order to be changed.
Where there is no such order, an application for a Specific Issue Order may be appropriate. These applications are generally made using Form C100.
The court may ask Cafcass to carry out safeguarding checks and prepare information for the court. Relocation cases can involve detailed evidence and may take several months to resolve.
How does the court decide whether a child can move abroad?
There is no automatic rule that a child should stay in the UK or that a parent who wants to relocate should be allowed to do so.
The child's welfare is the court's paramount consideration.
The court will look at the individual circumstances and consider matters such as the child's wishes and feelings, their age and needs, their relationship with each parent and the likely impact of the proposed move.
The court will also consider the plans put forward by both parents and the practical consequences of each option.
What should I include in a relocation plan?
If you are asking the court for permission to move abroad, it is important to have a realistic and detailed plan.
This could include information about:
The relationship between the child and the parent remaining in the UK is particularly important. A proposal that explains how that relationship will continue can help demonstrate that you have considered the child's needs as well as your own.
What if I am worried my child will be taken abroad without my permission?
If you believe your child may be taken abroad without your consent, do not wait until they have left the country before seeking advice.
Depending on the circumstances, you may be able to apply for a Prohibited Steps Order to prevent the child from being removed from the UK.
In urgent cases, the court can make orders relating to passports and other arrangements to help prevent a child being taken abroad.
Where there is a genuine and immediate risk of abduction, the police may also be able to place a port alert.
Acting quickly can be extremely important. Preventing a child from being taken abroad is generally much easier than trying to secure their return once they have left the UK.
What about moving somewhere else in the UK?
Moving within the UK is different from moving abroad.
For example, moving from one part of England to another does not amount to removing a child from the UK. However, that does not mean that the move cannot be challenged.
If a proposed move would significantly affect the child's relationship with the other parent, the other parent may be able to ask the court to prevent the relocation.
The court will again focus on the child's welfare and the practical impact of the proposed move.
Get legal advice before making plans
Relocating with a child after separation can be complicated, particularly where the other parent does not agree.
Whether you are hoping to move abroad with your child or are concerned that your former partner may relocate, getting legal advice at an early stage can help you understand your options.
It is particularly important to seek advice before making commitments such as accepting a job overseas, signing a tenancy agreement or booking flights.
How we can help
Our experienced Family Law team can advise separated parents on relocation, Child Arrangements Orders, international travel, mediation and applications to the family court.
We support clients across Dorset, including Bournemouth, Poole, Christchurch and Highcliffe, providing clear and practical advice tailored to your circumstances.
If you are considering moving abroad with your child or are concerned about your former partner relocating, contact our Family Law team for advice on 01202 294411 or contact us through our website to arrange a confidential consultation: Contact Us AB Solicitors For Your Legal Needs
