Moving Abroad With Children After Divorce: Relocation Under UK Law

Oct 27, 2024

7 min read

Updated: 17 hours ago

After a divorce, one parent may want to move to another country with their child. Moving abroad with children after divorce is called international relocation. It can be a complex and emotional process. Both parents usually have strong feelings about what is best for their child.

The law is there to make sure the child's welfare comes first. This guide explains when you need permission, how to ask for it and how the court decides.

Can you move abroad with children after divorce?

If both parents share parental responsibility, you cannot move to another country with your child without:

the other parent's written permission, or
a court order allowing the relocation.

If you take your child abroad without the proper agreement, it could be treated as child abduction. That is a serious legal issue.

What the law says about taking a child abroad

The main rule is in section 13 of the Children Act 1989. In general, where a child arrangements order says who the child lives with, no one may remove the child from the UK without the written consent of everyone with parental responsibility, or the court's permission. The exception is a short trip. The parent the child lives with can usually take the child abroad for up to one month without consent.

You can read the section on legislation.gov.uk. A move abroad is not a short trip, so it needs agreement or a court order. This is often called a leave to remove application.

How to handle international relocation

If you want to move abroad with your child, follow these steps.

1. Talk to the other parent

The first step is to discuss your plans with the other parent. Explain:

why you want to move;
how it will benefit the child;
how the child can keep in contact with the parent staying behind.

If both parents agree, you can create a written agreement setting out the details. Keep a copy somewhere safe.

2. Seek legal advice

If the other parent does not agree, speak to a solicitor. They can explain your rights and guide you through the application to the court.

Before you apply, you will usually need to attend a mediation information meeting, unless an exemption applies. Mediation can help parents reach an agreement without a hearing.

3. Apply for a court order

If no agreement can be reached, you must apply to the court for permission to relocate. This is done by filing a C100 form with your local family court. Our guide to family court forms in the UK explains the forms in more detail.

How does the court decide?

The court's main priority is the welfare of the child. It will look at the whole picture, including:

The child's best interests. Will the move improve the child's quality of life, for example through better schools or family support? How will it affect their emotional and physical wellbeing?
The parent's plans. Are the reasons for moving genuine, such as a job or family support? Is the move well planned, with housing, schooling and other arrangements in place?
The impact on the child's relationship with the other parent. Can the child keep a strong relationship with the parent staying behind? Are there plans for regular visits, phone calls or video chats?
The child's views. If the child is old enough, the court may take their opinion into account.

No single factor decides the case. The court weighs them all, and each case turns on its own facts.

How a move can affect children after divorce

Moving abroad with children after divorce can be hard on young people. Changes of school, language and friends can affect mental health and daily routine. Children may feel like they are losing time with one parent. Some adapt well, and others need extra support.

A good plan for moving abroad with children after divorce looks at how to help your child go through the change. It can include a school place, a settling-in period and regular, planned contact with the other parent. Take care to listen to your child and to keep them out of the dispute between you.

The welfare checklist and the child's wishes

The child's welfare is the court's paramount consideration. That comes from section 1 of the Children Act 1989. The Act also lists factors, often called the welfare checklist, that the court must weigh in a contested case like this.

Wishes and feelings: the child's own wishes and feelings, considered in light of their age and understanding.
Needs: their physical, emotional and educational needs.
Effect of change: the likely effect on the child of any change in their circumstances.
Background: their age, sex, background and any characteristics the court thinks relevant.
Harm: any harm the child has suffered or is at risk of suffering.
Capability: how capable each parent is of meeting the child's needs.

In many cases the court asks a Cafcass officer to speak to the child and to report. The officer helps the judge understand what the child says, in a way that suits their age. A young child is not asked to choose between parents.

Preparing a relocation application

A relocation application for moving abroad with children after divorce stands or falls on the quality of the plan. The court will want to see detail rather than hopes. Before you file, prepare the following:

a clear reason for the move, with evidence such as a job offer or family support;
details of the child's new home, school and healthcare;
a realistic proposal for contact with the parent who stays in the UK, including costs;
a statement of how the child will keep a link with their friends, wider family and culture;
any steps you will take to make a return to the UK possible if the court orders it.

The other parent will also set out their case. They may say the move cuts them out of the child's life, or that the plan is not realistic. Expect the court to test both sides closely.

Resolving a relocation dispute without court

Court should not be the first step. A dispute resolution process can save time, cost and stress for everyone. Mediation, a round-table meeting between solicitors, or a written proposal can all help. Parents who are separated or divorced often find it easier to agree when a neutral person guides the talks.

Even if your case for moving abroad with children after divorce ends up in court, the effort you made to reach an agreement counts in your favour. It shows the judge that you put the child first, and that you respect your ex-partner's role in the child's life.

Relocation cases involving Turkey

Some of our clients ask about moving abroad with children after divorce, between the UK and Turkey. The same principles apply, but the practical steps differ. You may need to consider how a UK order would be recognised abroad, whether Turkey is a party to the Hague Convention and how contact will work across borders. A lawyer who knows both systems can explain the options and help you plan.

For travel advice and entry requirements, see the UK government's Turkey travel advice.

What if the court refuses the move?

If the court decides that relocation is not in the child's best interests, you will not be allowed to take the child abroad. This does not mean you cannot move yourself. You would have to leave the child in the UK or work out other arrangements with the other parent.

What happens if a parent moves without permission?

Taking a child abroad without the other parent's agreement or a court order can be considered child abduction. If this happens:

the parent left behind can apply to the court for the child's return;
international agreements such as the Hague Convention may help bring the child back to the UK quickly.

Acting without permission can also harm your case in any later court proceedings.

How can parents work together?

International relocation can be challenging, but parents can often find a solution together. This might include:

agreeing regular visits, holidays or video calls;
working out a shared parenting schedule that allows the child to keep strong relationships with both parents;
using mediation to resolve disagreements without going to court.

Good co-parenting helps the child most. Even when you disagree about the move, keep your messages calm and focused on the child.

Practical steps to prepare

Whether you agree the move or ask the court, preparation helps with moving abroad with children after divorce. Gather details of the new home, the school, the work and the support available in the new country. Think about how often the child will see the other parent, who will pay for travel and how you will keep in touch. A clear, realistic plan is easier for a court, and for the other parent, to accept.

How Canko Law Firm can help

At Canko Law Firm, we specialise in family law and international cases. We can help you with:

Legal advice: understanding your rights and options as a parent.
Mediation support: helping parents reach an agreement without court intervention.
Court applications: preparing and presenting your case if the court's approval is needed for relocation.
Cross-border issues: assisting with international agreements and disputes involving the UK and Turkey.

Why choose Canko Law Firm?

Child-focused approach: we always prioritise the child's best interests.
Experienced solicitors: we have extensive experience with international family law cases.
Cross-border expertise: as a dual-qualified law firm, we specialise in cases involving more than one country.

Contact us

If you are considering moving abroad with your child, or need help resolving a dispute about relocation, Canko Law Firm is here to guide you.