Can I move with my child to another part of the UK after separation?

What is internal relocation?

Where one parent wishes to move to another part of the UK with their child and the other parent objects, this is known as an ‘internal relocation’. If it is not possible to reach agreement with the other person via any of the non-court options (of which there are many) then an application can be made to the Family Court for permission to move.

Relocation within the UK (England and Wales, Scotland, Northern Ireland) is considered internal relocation, even though each has different regimes of family law.

There is no definitive answer to how far away a parent would need to move for this to be considered an internal relocation, and each case will be considered on its facts. If there is a change of school involved then it is likely to be an internal relocation, and consent to a change of school should be sought from anybody else who has parental responsibility for the child. Further, if relocating to another area would disturb the existing contact arrangements, this will necessitate a discussion between the parents and, if there is an existing Child Arrangements Order in place, relocating could put the relocating parent in breach of that order if it can no longer be complied with.

A court application for permission to relocate within the UK would be seeking a ‘Specific Issue Order’. A court application to prevent a parent from relocating would be seeking a ‘Prohibited Steps Order’. Both applications are made in Form C100.

If you are considering relocating within the UK with your child, please get in touch with us to discuss the best approach towards this and where you stand legally. It is always best to start a dialogue with the other parent at the earliest possible opportunity, and to avoid court proceedings wherever possible by considering the wide range of non-court options that are available.

You can also get in touch with us if you believe that the other parent is planning to relocate and you do not agree to this; we can advise you on urgent steps that can be taken to prevent a move taking place in the absence of your agreement or a court order.

At Anthony Gold Solicitors, we have a specialist team of family lawyers who can help, whether you are based in London or elsewhere. Please contact us on 020 7940 4060 or email us at mail@anthonygold.co.uk.

In addition, if you have any other queries our experienced Family Law solicitors are always here to help. Book your 1-hour fixed-fee consultation now.