Moving to a new city—or even another country—can feel like the start of a new chapter. But when children are involved, English law is clear: your child’s welfare is the court’s paramount concern. Whether you’re seeking a fresh start or new opportunities, understanding what judges look for and how to present your case can make all the difference.
The Legal Framework: Internal vs International Moves
If you’re planning to move within England and Wales, you generally don’t need the other parent’s consent unless there’s a Child Arrangements Order (CAO) in place that specifically restricts relocation. If your CAO says the child must live at a certain address or within a certain area, you’ll need either the other parent’s written agreement or a court order (usually a Specific Issue Order) to move.
International moves are a different story. You must have the written consent of everyone with parental responsibility, or you’ll need to apply for a Specific Issue Order. Moving abroad without this is considered child abduction under the Hague Convention, and the consequences can be severe—including the risk of being ordered to return the child to England and Wales.
The Welfare Checklist in Action
Judges use the “welfare checklist” from the Children Act 1989 to guide their decisions. This isn’t just a tick-box exercise; it’s a holistic look at what’s best for your child. Key factors include:
Child’s wishes and feelings: The older and more mature your child, the more weight their views will carry. For younger children, the court may rely on reports from CAFCASS or independent social workers.
Impact of the move: How will the relocation affect your child’s education, friendships, and emotional wellbeing? Judges want to see that you’ve thought through the disruption and have plans to minimise it.
Motivation behind the move: Are you moving for a genuine reason—such as work, family support, or a better quality of life—or is the move designed to frustrate the other parent’s contact? The court will scrutinise your motives, especially if there’s a history of conflict.
Practicalities of maintaining contact: The court expects a realistic plan for ongoing contact with the other parent. This includes travel time, costs, and proposals for digital contact (video calls, messaging, etc.). If you’re moving abroad, be ready to suggest how holidays and special occasions will be shared.
Evidence That Wins Cases
The strongest relocation cases are built on solid evidence, not just good intentions. Consider including:
Rental agreements or proof of accommodation in the new location.
School place offers and information about the new school’s suitability.
Details of your support network—family or friends who can help with childcare or emergencies.
A detailed contact proposal for the other parent, including suggestions for sharing travel costs and how you’ll keep them involved in your child’s life.
Psychological or educational reports if your child has special needs, showing how these will be met in the new location.
If you’re moving for work, include your job offer or contract. If you’re moving to be closer to family, provide letters or statements from relatives confirming their support.
Common Pitfalls and Contentious Points
Failing to consult the other parent: Even if you think they’ll object, it’s vital to show the court you’ve tried to reach agreement.
Vague or unrealistic contact plans: Judges want specifics—dates, times, and practical arrangements.
Ignoring the child’s voice: If your child is old enough, their views should be sought and included.
Assuming the court will “rubber-stamp” your plans: Every case is different, and the court will scrutinise your evidence and motives.
Did you know?
Unilateral removal of a child from England and Wales is classed as child abduction under the Hague Convention, even if you have parental responsibility.
Feeling Overwhelmed?
Caira can draft your Specific Issue Order application and help you stress-test your relocation plan, ensuring you’ve covered all the angles before you apply.
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Disclaimer: This blog post provides general information for educational purposes only. It is not legal advice. Outcomes can vary based on your personal circumstances.
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