Can I move away with my child within England and Wales after separation? Understanding internal relocation

When parents separate, one parent may wish to move to a different part of England or Wales. They may have secured a new job, found more affordable housing, entered a new relationship, or wish to be closer to family members who can provide support.

However, what happens if the other parent objects? Unlike international relocation, moving within England and Wales does not usually require the permission of the court before the move takes place. Nevertheless, internal relocation disputes can still result in court proceedings where a move may significantly affect a child’s relationship with the other parent.

In practice, internal relocation disputes can be every bit as significant for a family as an international move, particularly where the proposed relocation would affect schooling, established contact arrangements or the child’s day-to-day relationship with the other parent.

Do I need the other parent’s consent to move within England and Wales?

In most cases, a parent does not need the other parent’s consent simply to move to another part of England or Wales with their child. This is one of the key differences between internal relocation and international relocation. When a parent wishes to relocate abroad, the consent of everyone with parental responsibility, or permission from the court, will usually be required. By contrast, there is generally no equivalent legal requirement when moving within England and Wales. However, that does not mean that moving first and dealing with any objection afterwards will always be sensible. Where a proposed move would significantly affect an existing child arrangements order, require a change of school or make regular contact considerably more difficult, legal advice should ideally be obtained before irreversible steps are taken.

A significant relocation may have a substantial impact on:

• the child’s relationship with the other parent
• existing child arrangements
• schooling
• childcare arrangements
• relationships with the wider family
• the child’s stability and routines

Where disagreement arises, the Family Court may become involved.

Does it matter how far away I am moving?

A move from one part of a town to another is unlikely to have the same impact as a move from Kent to Cumbria or from Cardiff to Newcastle. The court will often focus on the practical effect of the move rather than the geographical distance alone. For example, it may consider:

• how long it will take the child to travel between homes
• whether existing contact arrangements can continue
• the impact on schooling
• the effect on extracurricular activities
• whether the move will place strain on parent–child relationships

The further the move, the more closely the practical consequences are likely to be scrutinised. Parents are often surprised that relatively short geographical moves can still become contentious if they affect school runs, midweek contact, or established routines. The court is usually more concerned with the practical impact of the move than the number of miles involved.

For example, a two-hour move may have a very different impact where a child spends substantial time with both parents during the school week than where contact primarily takes place at weekends and during school holidays.

What happens if the other parent objects?

Where parents cannot agree, the objecting parent may apply to the court. Common applications include:

• a prohibited steps order, seeking to prevent the move
• applications relating to child arrangements
• applications to vary an existing child arrangements order

The court will not simply decide whether the move is convenient for one parent; rather, it will consider whether the proposed arrangements are in the child’s best interests.

What is a prohibited steps order?

A prohibited steps order is an order preventing a parent from taking a particular step in relation to a child without the court’s permission. In an internal relocation case, the order may be used to prevent a parent from moving a child to a different area pending the court’s determination of the dispute. Whether such an order is granted will depend on the circumstances of the case and whether the court considers intervention necessary to protect the child’s welfare.

Parents should be aware that applications are not automatically granted simply because one parent objects to a move.

What will the court consider?

The court will consider a range of factors, including:

• the child’s welfare needs
• the reasons for the proposed move
• the effect on the child’s relationship with each parent
• the child’s education
• the practicality of the proposed arrangements
• the impact of the move on the child’s daily life
• the ability of each parent to meet the child’s needs
• the child’s wishes and feelings, where appropriate having regard to their age and understanding

The welfare checklist contained in the Children Act 1989 remains the framework through which these issues are assessed.

Practical issues that commonly arise

Internal relocation cases frequently involve practical challenges that parents may not fully appreciate at the outset.

• Travel arrangements: Longer travel times can affect school attendance, extracurricular activities, weekend contact, midweek contact, and the child’s overall routine. The court will often expect realistic proposals addressing these issues.
• Education: Where a move involves a change of school, I would advise identifying particular schools and considering admissions arrangements and availability, rather than simply asserting that schools in the proposed area are “better”. The court may consider how the proposed school compares with the child’s existing provision, the impact on their progress and any disruption to friendship groups or extracurricular activities.
• Family support: If a move is proposed to obtain greater family support, be specific about what that support will actually look like in practice such as who lives nearby, what assistance they can provide and how this would benefit the child.

Financial considerations: Housing affordability can be an important part of the overall proposal. Evidence of the type of property available, mortgage capacity or rental costs, employment opportunities and childcare costs can help demonstrate whether the proposed move is realistic and sustainable.

• How are internal and international relocation cases different?

Although both types of case concern a proposed move, there are important legal differences.

In international relocation cases:

• consent or court permission is generally required before the child can be taken permanently abroad
• relocation without permission may amount to child abduction
• the court considers the implications of a move to another country, often involving different legal systems, cultures, and practical arrangements

In internal relocation cases:

• prior permission is not usually required
• there is no issue of international child abduction
• the focus is often on the practical effect of the move on the child’s relationship with both parents
• the court may be asked to prevent or regulate the move through child arrangements proceedings

Despite these differences, the central principle remains the same in both situations: the child’s welfare is paramount.

Is there a presumption that the primary carer can move?

No. Parents sometimes assume that the parent with whom the child primarily lives will automatically be allowed to move. The law is more nuanced than that. While courts recognise that a primary carer’s wellbeing may have a significant impact on a child’s welfare, there is no automatic right to relocate. The court will examine the individual circumstances of the case and determine what outcome best serves the child’s interests.

Can the court stop a move?

Potentially, yes. Although permission is not usually required before moving within England and Wales, the court has powers to make orders where a proposed move would be contrary to the child’s welfare. Whether the court will intervene depends on the facts of the particular case. The more significant the impact on the child and the child’s relationship with the other parent, the more likely it is that the court will scrutinise the proposal carefully.

Looking ahead

Internal relocation cases are highly fact-specific. Obtaining advice at an early stage can help a parent understand the strengths and weaknesses of a proposed move, identify the evidence that may be required and, where possible, explore whether practical arrangements can be agreed without court proceedings.

If you are considering moving to another part of England or Wales with your child, or are concerned about a proposed move by the other parent, please contact Family partner Harriet Donovan for advice.

This Keynote concludes our Relocation series.

Together, the series examines international relocation, preparing relocation applications, safeguarding and domestic abuse considerations, and internal relocation within England and Wales.