Legal News | 27.07.26

International Relocation with Children

International Relocation with Children: Applications for Leave to Remove a Child from the Jurisdiction under the Children Act 1989

Why international relocation cases can be complex

International relocation cases, commonly referred to as applications for “leave to remove” a child from the jurisdiction, are among the most complex disputes in private family law proceedings.  They arise where one parent seeks permission to relocate permanently with a child to another country and the other parent objects.  Such cases require the court to balance competing rights, interests and practical realities whilst maintaining its overriding focus on the welfare of the child.

In England and Wales, applications are principally governed by the Children Act 1989, together with a substantial body of case law which has evolved significantly over the last two decades.  Recent authority emphasises that there is no presumption in favour of either parent and that every case must be determined by a comprehensive welfare evaluation in relation to the child.

When is court permission needed?

The legal basis for international relocation applications is found in section 13 of the Children Act 1989.

Where a Child Arrangements Order provides that a child lives with a person, that parent may not remove the child permanently from the United Kingdom without either:

1. The written consent of every person with parental responsibility; or
2. The permission of the court.

A parent who removes a child from the jurisdiction without the necessary consent or court permission risks allegations of child abduction and the commencement of Hague Convention proceedings if the child is taken to another Hague Convention country.  This risk is also present even if there is no Child Arrangements Order in place in respect of the child.

The court’s paramount consideration remains the child’s welfare pursuant to section 1(1) of the Children Act 1989.  The welfare checklist contained within section 1(3) provides the framework through which the court evaluates relocation applications.

How does the court decide what is best for the child?

The welfare checklist requires consideration of:

• The child’s wishes and feelings (in light of age and understanding);
• The child’s physical, emotional and educational needs;
• The likely effect of any change in circumstances;
• The child’s age, sex, background and relevant characteristics;
• Any harm suffered or risk of harm;
• The capability of each parent to meet the child’s needs; and
• The range of powers available to the court under the Children Act 1989.

In relocation cases the court will usually examine:

• The strength of the child’s relationship with each parent;
• The practical benefits of the proposed move;
• Educational opportunities abroad;
• Housing and employment arrangements;
• Immigration status and legal residence rights;
• The feasibility of maintaining the child’s relationship with the non-relocating parent; and
• The emotional impact upon both the child and each parent.

What evidence is needed for a relocation application?

A parent seeking leave to remove should provide comprehensive evidence supporting the proposed move. The court expects detailed planning and realistic proposals.

Important areas to be addressed include:

Where will the child live?

Evidence should identify where the child will live, whether property has been secured and the suitability of the accommodation.

How will the move be funded?

The court will wish to understand how the relocation will be funded, including employment opportunities, family support and financial arrangements.

What school or education arrangements are proposed?

The parent seeking to relocate should provide comprehensive details regarding schooling, language considerations, educational standards and arrangements for the child’s enrolment.

Can the parent and child legally live in the destination country?

The supporting evidence should demonstrate that both the parent and child are legally entitled to reside in the destination country.

How will contact with the other parent be maintained?

Perhaps the most significant aspect is preserving the child’s relationship with the non-relocating parent. Courts will consider:

• Holiday contact;
• Video and telephone communication;
• Travel arrangements;
• Allocation of travel costs;

• Frequency and practicality of face-to-face contact; and

What is the role of CAFCASS?

CAFCASS (Children and Family Court Advisory and Support Service) is an independent public body that represents children in family court proceedings in England and Wales. It may be directed to prepare a welfare report in contested relocation proceedings. The CAFCASS officer will typically assess:

• The child’s wishes and feelings (depending on the age of the child);
• The quality of parental relationships;
• The likely impact of relocation;
• Risk factors affecting welfare; and
• Recommendations regarding the proposed move.

Although influential, CAFCASS recommendations are not determinative, and the court retains ultimate responsibility for the welfare decision.

Successful applications are generally characterised by careful planning, transparent motives and credible arrangements to preserve meaningful relationships between the child and the remaining parent.

Key takeaway for parents considering international relocation

International relocation cases remain among the most challenging disputes within private children law.

While the case of Payne v Payne [2001] EWCA Civ 166 historically dominated this area – placing at the forefront of the court’s decision whether the application was genuine; whether the proposals were realistic and well researched; whether opposition was motivated by genuine concern; and the impact on the primary carer’s emotional wellbeing if permission were refused – more recent authority, such as Re K (Children) [2011] EWCA Civ 793 and Re F (A Child) (International Relocation Cases) [2015] EWCA Civ 882, has firmly returned the focus to the welfare principle contained within the Children Act 1989. The contemporary approach, particularly following Re F (A Child) (International Relocation Cases) [2015], rejects any presumption in favour of relocation and requires the court to undertake a comprehensive evaluation of all available options.

Ultimately, the question is not whether a parent has a right to relocate, nor whether the other parent has a right to prevent relocation. The decisive issue is now always the same: which outcome best promotes the welfare of the child throughout their childhood?

If you are considering relocating abroad with your child, or you are concerned about a proposed relocation, our Family & Divorce Team can provide clear, practical advice on your options and the steps involved.