How do I prepare an international relocation application: what does the court look at?

In our experience, the strongest applications are those where the groundwork has been done before the application is made. The court needs to understand not simply why a parent wishes to move, but what the child’s life would actually look like if permission were granted.

The legal framework

Under the Children Act 1989, the child’s welfare is the court’s paramount consideration. There is no presumption in favour of either the parent wishing to relocate or the parent opposing the move. The Court must consider a number of factors, commonly known as the welfare checklist.

The welfare checklist includes:

• the child’s wishes and feelings, considered in light of their age and understanding
• the child’s physical, emotional, and educational needs
• the likely effect on the child of any change in circumstances
• the child’s age, sex, background, and any characteristics the court considers relevant
• any harm the child has suffered or is at risk of suffering
• how capable each parent is of meeting the child’s needs
• the range of powers available to the court

In a relocation case, these factors often overlap. For example, the court may consider how a move abroad would affect a child’s education, relationships with family members, emotional wellbeing, identity, stability, and ability to maintain a meaningful relationship with the parent remaining in England and Wales.

Start with a detailed relocation plan

A vague intention to move is unlikely to be enough. The court will expect a realistic and well-researched proposal addressing the practicalities of the child’s life after relocation.

One of the most important aspects of any relocation application is preparation. The court will typically expect detailed evidence about how the proposed arrangements will work in practice.

• Accommodation: Housing arrangements are likely to come under close scrutiny. Questions may include:
• Has a specific property been identified?
• Is the accommodation suitable for the child?
• Is it financially sustainable?

• Is it located close to schools, family members, and support networks?

The more certainty that can be provided, the more persuasive the proposal is likely to be.

• Education: Education is often a central consideration in relocation cases. Parents should be prepared to explain:

• which school the child will attend
• whether places are available
• how the proposed school compares with the child’s current arrangements

• how the move may affect examinations, educational needs, or extracurricular activities

Where possible, supporting documentation from schools can strengthen an application.

• Employment and finances: Financial stability remains an important consideration in most relocation cases. Parents should consider providing evidence about:

• current employment arrangements
• prospective employment or job offers
• expected income
• housing costs
• childcare arrangements

• the overall financial sustainability of the relocation

The court is unlikely to be reassured by plans that rely entirely on uncertain future opportunities.

• Family and support networks: Relocation applications should explain what support will be available to the child and the relocating parent in the destination country. This may include:

• extended family members
• community connections
• cultural or linguistic ties

• childcare and practical support

The court will often want to understand whether the proposed move will provide the child with stability and support.

Maintaining the child’s relationship with the other parent

This is often a central issue in relocation cases. The court will look carefully at the impact of the move on the child’s relationship with the parent remaining behind and how that relationship can realistically be maintained.

In my experience, simply saying that you will “facilitate contact” is unlikely to be enough. A detailed proposal should consider school holidays, telephone or video contact, travel arrangements, who will accompany the child, how travel costs will be met and how important occasions will be managed.

Where regular weekly contact will inevitably be lost, consideration should be given to whether longer periods during school holidays could help preserve the relationship.

The practicality and cost of international travel should not be underestimated. A proposal involving frequent flights may look workable on paper but become difficult in reality once school commitments, journey times and costs are taken into account.

The court is likely to look favourably on proposals that are practical, detailed, and child-focused. The more ambitious the relocation, the more important it is to present a realistic proposal for maintaining the child’s relationship with the left-behind parent.

Anticipating objections

A strong application should anticipate the concerns the other parent is likely to raise.

It can be helpful to ask: what are likely to be their strongest objections to this move? Those concerns should be addressed directly and, wherever possible, with supporting evidence.

Common objections include loss of regular contact, disruption to education, financial impracticality, concerns about the proposed country or questions about the motivation behind the move.

Evidence

Relocation applications are evidence-heavy. Depending on the circumstances, useful evidence may include school information, housing particulars, mortgage capacity, employment documentation, travel costs and information about healthcare or other services.

Independent expert evidence may occasionally be required, but this will depend on the circumstances of the case and the court’s permission.

What not to do before permission is granted

Parents should be cautious about taking irreversible steps before agreement or court permission has been obtained.

Purchasing property, resigning from employment, withdrawing a child from school or otherwise proceeding as though relocation is inevitable can create practical difficulties and may give the impression that the outcome of the application has already been assumed.

If you are opposing relocation

A parent opposing a proposed relocation should also prepare carefully. It is not enough simply to say that the child should remain in England and Wales.

The court will want to understand the relationship you currently have with the child, the practical impact the move would have on that relationship and whether there are realistic alternatives to relocation.

Evidence of your involvement in the child’s day-to-day life, schooling, activities and wider family relationships may all be relevant. Where appropriate, alternative proposals should also be considered.

The court process

If agreement cannot be reached, an application can be made to the family court for a Specific Issue Order seeking permission to relocate.

The other parent may oppose the application and may seek a Prohibited Steps Order preventing the child’s removal from England and Wales.

Cafcass may be asked to prepare a report addressing the child’s welfare and, depending on their age and understanding, their wishes and feelings.

The court will ultimately consider the competing proposals and determine which outcome best meets the child’s welfare needs.

Final thoughts

International relocation cases are highly fact-specific and there is no single formula for success. Thorough preparation can, however, make an enormous difference.

Whether seeking permission to relocate or opposing a proposed move, the focus should remain on the child: what their life will look like, how their needs will be met and how important relationships can be preserved.

Obtaining specialist advice at an early stage can help identify the evidence required and ensure that your position is properly prepared from the outset.

If you need advice on making or opposing a court application for relocation, please contact Family partner Harriet Donovan.

In our next Keynote, we explore relocation cases involving safeguarding concerns, domestic abuse, and coercive control, and how these issues may affect the court’s decision-making.