Relocating with your child after separation: Understanding the Law on Internal Relocation

For some parents, separation may prompt a desire to move closer to friends or family who can offer ongoing emotional and practical support. Being near a trusted network can make a real difference during a challenging period and may help a parent provide a more stable home for their child. For others, relocation may be driven by financial necessity. Finding suitable or affordable housing after separation can be difficult, and moving to a different area may offer better access to housing, employment, or childcare.

Relocation explained

As attention is often centred around international relocation disputes, parents are sometimes surprised to learn that moving a child to a different part of the country without the consent of the other parent can also raise significant legal issues.

If one parent wishes to relocate to an alternative part of England or Wales, they may need to apply for a Specific Issue Order.

Is there a limit on how far a parent can move?

A relocation by one parent may have a significant impact on the child’s relationship with the other parent. The sticking point tends to be that there is no clear legal threshold for how far a parent can move before the Court should intervene. 

Short‑distance moves that do not disrupt the existing care arrangements or contact pattern will rarely trigger the need to bring matters before a judge. However, if a proposed move will make regular time with the other parent more difficult, and parents cannot reach an agreement, it may be necessary to involve the Family courts. 

In practice, the issue of relocation is therefore not measured in miles but in impact. The Court will consider whether the move materially affects the child’s ability to maintain a strong, consistent relationship with both parents. A judge must balance the practical and emotional consequences of the move with the child’s welfare, which must always be the paramount consideration. 

How does the court decide?

When parents cannot agree, a judge must decide based on what is best for the child. 

To assist with decision making, the judge must apply the welfare checklist, which is: 

• The ascertainable wishes and feelings of the child – this may involve CAFCASS (Children and Family Court Advisory and Support Service) or another professional body like social services preparing a report;
• The child’s physical, emotional, and educational needs;
• The likely effect on the child of any change in their circumstances;
• The child’s age, sex, background and relevant characteristics;
• Risk of harm to the child; and
• How capable each parent is of meeting the child’s needs.

I would like to relocate with my child – what should I do?

If you are considering relocating with your child, here are some tips to help you navigate the situation: 

• Talk early and openly: Raise the possibility of a move as soon as you can and be willing to listen to concerns.
• Consider child-focussed mediation to support discussions: Parents should explore whether mediation could help facilitate constructive dialogue, reduce misunderstandings, and encourage shared decision‑making.
• Plan the practicalities thoughtfully: Consider how the move would affect your child’s school, friendships, childcare, travel arrangements, and how they will continue to spend time with the other parent.
• Be child‑centred in all decision‑making: Parents should keep the focus on your child’s welfare rather than parental preference. It is helpful to record the steps taken to consider their emotional, educational, and developmental needs.
• Consider creating a written parenting plan: A parenting plan can outline where the child will live, how time will be shared, what arrangements for school holidays and travel look like, and how decisions pertaining to the child will be made in the future. This can be a helpful tool in parents reaching an agreement.
• Use digital tools where helpful: Shared calendars, messaging apps, and parenting communication platforms can make joint decision‑making and day‑to‑day coordination easier.
• Avoid making any irreversible arrangements before agreement or order: Delaying commitments such as signing leases, applying for a mortgage, or changing employment can prevent unnecessary conflict and shows respect for the process.

Internal relocations can impact a child’s relationship with the other parent and their wider support network. Understanding the legal framework and obtaining early specialist advice can help to prevent conflict and ensure the child’s best interests remain at the heart of any decision. Mediation or structured negotiation through solicitors can help parents reach a workable arrangement without issuing Court proceedings.

Please contact our expert team of lawyers and mediators for advice.