Child relocation after divorce

You don’t have to go to court to agree on when, where, and how often you and your partner see your child.

But you can’t move your child to another part of the country or world without their other parent’s permission – even if they spend most of their time living with you. If the other parent moves your child without your consent, we can apply for an urgent court order on your behalf to get them back.

Our expert team will represent you if:

• You need to contest your ex-partner’s plan to relocate your child
• Your child has been relocated without your consent (this may be classed as child abduction)
• You wish to relocate your child (getting permission from your ex-partner, building a defence, making an application to court)
• Relocation is affecting maintenance payments (which can happen when the amount of time a child spends with the paying parent is reduced).

The best interests of the child are always the court’s priority. When making a decision, it will consider all factors listed in the welfare checklist in Section 1 of the Children Act, including:

• Any harm or risk of harm to the child
• Each parent’s ability to meet the child’s needs
• The likely effects of any change in circumstances
• The child’s physical, emotional, and educational needs
• The child’s age, sex, background, and any other relevant characteristics
• The child’s wishes and feelings (bearing in mind their age and understanding).