Relocating Abroad with Children: Permission and the Law

REVIEWED BY: Sean McNamara on 2026-09-01

# Relocating Abroad with Children: Permission and the Law

If you want to move abroad with your child but the other parent (or anyone else with parental responsibility) does not agree, you cannot lawfully take the child permanently out of the country without either their written consent or a court order. Taking a child abroad without the required consent or order may amount to child abduction. This guide explains how to obtain permission and what the court looks at.

When permission is needed

Where a child arrangements order says the child lives with a person, that person may take the child abroad for less than one month without needing every other person with parental responsibility to consent (under section 13(2) of the Children Act 1989). A permanent move abroad, or a trip beyond that limit, always requires either:

the written consent of everyone with parental responsibility, or
a court order permitting the removal (a "leave to remove" or relocation application).

Where no child arrangements order is in force, removing a child from the UK without the consent of everyone with parental responsibility (or the court's permission) may be wrongful removal under the 1980 Hague Convention.

Making the application

The application is made to the family court for a specific issue order under section 8 of the Children Act 1989 (and leave under section 13 where a "lives with" order exists). The applicant must present a well-thought-out, realistic plan: destination, immigration status, housing, work or income, schooling, healthcare, and — critically — a detailed proposal for the child's ongoing relationship with the left-behind parent (travel, video contact, holidays, and who pays).

What the court considers

The child's welfare is paramount. Courts consider the welfare checklist in section 1(3) of the Children Act 1989, and in relocation cases particular weight is given to:

The reasonableness and genuineness of the applicant's wish to relocate — is it a well-planned move or designed to exclude the other parent?
The feasibility of the plans and the effect on the child of refusing the move (for example, if a primary carer's realistic plans are frustrated, the child may suffer through the carer's unhappiness)
The effect on the child of the loss of regular, in-person contact with the other parent, and whether technology and travel can realistically substitute
The child's own wishes and feelings, depending on age and understanding
Practical matters: language, culture, healthcare, safety, and the legal position in the destination country

Courts do not apply a presumption for or against relocation; each case depends on its own facts and the quality of the proposed arrangements.

If you are the left-behind parent

Act quickly if you fear a unilateral move — you can apply for a prohibited steps order or a "port alert" (also called a child abduction alert) via the police if removal is imminent. If a child has already been taken abroad without consent, urgent advice from a specialist abduction lawyer is essential, because deadlines under the Hague Convention are short.

Consent agreements

If the other parent agrees, put it in writing and be specific about future contact arrangements. Many parents record the agreement in a consent order so it is enforceable, including obligations to return the child for agreed holidays.

Useful links

Children Act 1989: https://www.legislation.gov.uk/ukpga/1989/41
GOV.UK — international child abduction: https://www.gov.uk/child-abduction
1980 Hague Convention (legislation.gov.uk): https://www.legislation.gov.uk/ukpga/1985/60
CAFCASS: https://www.cafcass.gov.uk
Reunite International (information charity): https://www.reunite.org

Not legal advice

This is an independent information site, not a law firm. We accept no referral fees and nothing on this page is legal advice. Relocation cases are among the most fact-sensitive in family law — take advice from a regulated family lawyer before moving or objecting to a move.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.