The Relocation Order: How to Make an Application to Relocate a Child

A relocation order is a court order that allows a parent or person with parental responsibility to move a child to a new area within the country or to another country. “Relocation order” is not a formal legal term: the court usually deals with the application as a specific issue order or, where a child arrangements order is already in place, as an application for permission (“leave”) to remove the child from the UK. If the move is disputed by another parent, the Family Court will decide whether the relocation is in the child’s best interests. This article explains what a relocation order is, when one may be required, and how the court approaches applications to relocate a child following separation or divorce, including a case in which we obtained permission for a mother to relocate abroad with her child.

In short: to move abroad permanently with a child, you need the written consent of everyone with parental responsibility or the court’s permission. Moving within England and Wales does not need formal consent, but the other parent can ask the court to stop the move. In both cases the court decides on the child’s welfare alone, comparing the realistic options side by side. You apply on form C100; the court fee is £270.

Relocation orders: moving with a child within the UK or abroad

If you are the resident parent of a child following a separation or divorce and thinking about relocating, this article is for you. Whether it is for work, family reasons, or a better quality of life, there are plenty of reasons why parents might decide to relocate a child. However, depending on your circumstances, you may need court approval before taking any steps. This article explores Relocation Order applications, when and why you might need to use one, and the role of a family solicitor in increasing the chance of a successful Relocation Order application.

What is a Relocation Order?

A Relocation Order is essentially permission from the family court for a parent to move their child’s residence to a different geographical area, be it domestically or internationally. A Relocation Order application is usually sought by the parent whom a child is living with following a divorce or separation.

Do I Need the Other Parent’s Consent to Relocate a Child?

If the child is living with you, you do not normally need the formal consent of the other parent to a move within England and Wales. That said, it is always best to discuss your plans with the other parent to reach a consensus and avoid disputes. If the other parent objects, they can apply to the court to prohibit your move (known as a Prohibited Steps Order). The court can also specifically order that a child who is moved away is returned if necessary.

Relocating may not be so simple if the child is living with you under ongoing court arrangements. If the move would compromise existing arrangements for contact with the non-relocating parent, you risk being in breach of any Child Arrangements Order in place. If the other parent agrees, then you can apply to vary the Child Arrangement Order to represent the new arrangements. Otherwise, the other parent may seek to enforce the Child Arrangements Order.

Consent is always required from all those with parental responsibility for a child for overseas relocation, unless the court gives permission. Taking a child outside the UK without such consent can amount to child abduction, which is a serious criminal offence. The exception is that if someone has an existing Child Arrangement Order from the court confirming the child lives with them, they can take their child abroad for less than one month without anyone else’s consent (unless specifically prevented). This exception covers holidays, not a permanent move.

When is a Relocation Order Application Used?

A Relocation Order application is typically made where one parent with shared parental responsibility wishes to move and the other objects. Where the other parent is happy with the move, a Relocation Order application may not be necessary, but it is best to get written consent if possible.

If there are ongoing court arrangements concerning the child in place, a Relocation Order application should be made if the move impacts the other parent’s time spent with the child.

A Relocation Order application is always required to move overseas with a child without the consent of another parent with parental responsibility. These are also known as applications for “Leave to Remove” a child.

How to Make a Relocation Order Application

Before applying, you will usually need to attend a Mediation Information and Assessment Meeting (MIAM), unless an exemption applies. To make a Relocation Order application for a child, an application for the court to determine a ‘Specific Issue’ (or, where there is already a “lives with” child arrangements order, for leave to remove the child from the UK) must be filed at court using form C100. The court fee is £270. This is the standard application form used to initiate a family court application regarding child arrangements. Within the Relocation Order application, you will need to carefully detail your reasons for wanting to relocate and your proposed arrangements in the new location (housing, schools, amenities, employment, childcare, support networks etc.). Importantly, you will need to set out how you intend to facilitate the child’s contact with the other parent after the move. It may also be helpful to demonstrate that you have tried to mediate with the other parent but not been able to reach an agreement.

The steps usually involved are:

• Attending a MIAM, or showing that an exemption applies.
• Completing and filing form C100 with the court fee.
• Attending a first hearing (the FHDRA), ordinarily around five weeks after the application is issued, where the court considers Cafcass’s safeguarding checks and tries to help the parents agree.
• Preparing a detailed written statement about the proposed move, supported by evidence. In contested relocation cases, the court often asks Cafcass for a section 7 welfare report.
• Attending a final hearing, where both parents give evidence and the judge decides.

How the Court Decides Relocation Applications

The child’s welfare is the court’s paramount consideration, and the courts have made clear that this is the only test, whether the proposed move is to another country or within England and Wales. Older guidance from the Court of Appeal in Payne v Payne (2001) set out questions about the genuineness and practicality of the plan and the effect of a refusal on the relocating parent. Those questions can still be helpful, but since Re F (2015) the court must look at each realistic option, such as the child living in England or moving abroad, and weigh them against each other in the round, rather than starting from any presumption. The court must also presume, unless the contrary is shown, that each parent’s involvement in the child’s life will further the child’s welfare.

Factors that the court will consider include:

• The potential disruption to the child’s life if the application were to be granted, taking into account the child’s wishes and feelings based on their age, maturity and understanding.
• The motives of the parent seeking the Relocation Order (whether they are genuine, well-thought through, practical and offer a better quality of life for the child in his/her best interests), and the reasons for the other parent’s opposition.
• How the move will affect the child’s relationship with the non-relocating parent if granted, and what plans are being put in place to maintain a meaningful relationship through, e.g. holiday contact, video calls and travel arrangements, and who will pay for them.
• Employment information, the financial implications of the move and how the relocating parent will support the child, including childcare arrangements and funding travel to maintain contact with the other parent.
• What support networks the parent has in place to help with childcare, particularly if this is the primary reason behind the Relocation Order application.
• The suitability of housing to accommodate the child, as well as the amenities and facilities available in the local area to serve his or her needs and interests (GP surgeries, dentists, leisure activities, hobbies etc.).

International Relocation Order Applications

Where the Relocation Order application will result in a move overseas, it will usually mean a significant change to the child’s life. The Children Act 1989 outlines a list of factors known as the “welfare checklist” which the court must consider in any contested application as follows:

• 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 their circumstances.
• The age, sex, background, and any characteristics of the child that the court considers relevant.
• Any harm the child has suffered or is at risk of suffering.
• The capabilities of the child’s parents, or other relevant adults, in meeting the child’s needs.
• The range of powers available to the court in the proceedings.

For an international move, the court will also expect detailed evidence about practical matters in the new country: immigration status and the right to live and work there, housing, a confirmed school place, healthcare, finances, and how and at whose cost the child will travel to see the other parent. The court may also want to know that its contact arrangements can be protected in the new country, for example through a “mirror order” made by the courts there.

Case Study: Permission to Relocate to Poland

Tyrer Roxburgh acted for the mother in a reported case, DV v ZV [2024] EWFC 283 (B), in which the Family Court gave her permission to relocate permanently to Poland with her seven-year-old daughter. Our Partner Vasoulla Constantinou worked with counsel Tatiana Rocha of Fourteen Chambers. Most children cases are not published, but the judge allowed publication with the family’s identities protected. The full judgment is available from the National Archives.

The parents had met and married in Poland, where the child was born, before moving to England. After the relationship broke down, the father applied for a “shared lives” child arrangements order and a prohibited steps order to stop the move. The mother applied for permission to relocate. There were allegations of domestic abuse on both sides, and the parents were also in financial remedy proceedings, with a real risk that the family home would be repossessed.

Both parents loved the child and had a good relationship with her. The judge applied the welfare checklist, the presumption of parental involvement and the relocation case law, and found that the factors tended “just about” in favour of relocation. Important points were that the mother had a job offer in Poland, a confirmed home, a family support network and a bilingual school place, while the father’s plans for the child in England had not been properly thought through, and the likely loss of the family home meant staying in England would not give the child stability. The judge endorsed a detailed plan for the child’s continuing contact with her father.

The case shows how closely the court examines both parents’ plans, and why a carefully researched and evidenced proposal is essential.

Impact on Child Arrangements and Parenting Plans

Relocating, especially abroad, will usually mean that existing child arrangements, whether in a court order or a parenting plan, need to change. The court will consider whether the proposed new arrangements are realistic and how the child will keep a meaningful relationship with the parent who is not moving. A proposal that includes generous holiday time, regular video calls and a fair split of travel costs is likely to carry more weight.

How a Child Relocation Lawyer Can Improve Your Chances of Success

Cases involving relocation of a child can be emotionally-charged, complex and robustly-defended. Specialist child relocation lawyers like Tyrer Roxburgh Solicitors can significantly increase your chances of a successful application through:

• Tailored Advice: While clients making Relocation Order applications have similar objectives, everyone’s circumstances are unique. We take the time to understand your particular situation and provide realistic, practical advice on how best to take your Relocation Order application forward.
• Evidence Gathering and Application Preparation: Our in-depth experience in this area means that we can help you prepare a thorough, compelling Relocation Order application with strong supporting evidence. You need to convince the judge that the move positively accommodates and benefits the child, while maintaining relations with the non-relocating parent. This can be more challenging when it involves relocating abroad, where there may be added concerns about cultural adjustment and transitioning to new schooling systems. Planning ahead is key here, so that you can provide detailed, concrete information where possible.
• Negotiation and Mediation: As specialist child relocation lawyers, we can negotiate with the other parent on your behalf, potentially reaching an agreement without the need for adversarial court proceedings.
• Representation in Court: If an agreement can’t be reached with the other parent and the matter proceeds to court, as child relocation lawyers we can effectively articulate your case to the judge to achieve desired outcomes.

Conclusion

A Relocation Order application, whether for a domestic or international move, is a serious legal step that requires careful consideration and preparation. Seeking professional legal assistance from specialist child relocation lawyers can make a significant difference in the outcome of your case. If you are considering relocating with your child, our friendly and approachable child arrangement order solicitors at Tyrer Roxburgh Solicitors are on hand to help. Start with a fixed fee consultation: contact us on 020 8889 3319 or send us an enquiry.

Frequently Asked Questions

What is a relocation order?

A relocation order is a court order that permits a parent or person with parental responsibility to move a child to a different location when there is disagreement about the proposed move. The court will consider a range of factors, including the child’s welfare, the reasons for the move, the impact on the child’s relationship with the other parent, and how future contact arrangements will work.

How do I apply for a relocation order?

To apply for a relocation order, you will usually need to make an application to the Family Court using a C100 application form if agreement cannot be reached with the other parent. You will usually need to attend a MIAM first, and the court fee is £270. The court will expect detailed information about the proposed move, including where the child will live, schooling arrangements, housing, financial plans, immigration arrangements for an international move, and how the child’s relationship with the other parent will be maintained. Tyrer Roxburgh can advise on the application process and help prepare the evidence needed to support your case.

How long does it take to get a relocation order?

The time it takes to obtain a relocation order varies depending on the complexity of the case and whether the application is contested. Many cases take several months from application to final hearing. If parents cannot agree, the court may schedule multiple hearings and may request reports from the Children and Family Court Advisory and Support Service (Cafcass). Urgent cases can sometimes be dealt with more quickly, but there is no guaranteed timeframe.

Do I need the other parent’s permission to relocate with my child?

For a move abroad, yes: you need the written consent of everyone with parental responsibility, or the court’s permission. For a move within England and Wales, formal consent is not legally required, but it is advisable to obtain agreement, and the other parent can apply for a prohibited steps order to stop the move. If agreement cannot be reached, you may need to apply to the Family Court for permission. Moving a child without the necessary consent can lead to legal action and may affect future court proceedings.

Do I need permission to take my child abroad on holiday?

Yes, you usually need the consent of everyone with parental responsibility, or the court’s permission. The exception is where a child arrangements order names you as the person the child lives with: you can then take the child abroad for less than one month without consent, unless a court order says otherwise. For a permanent move, you always need written consent or a court order.

Can a father stop a mother taking a child on holiday abroad?

If he has parental responsibility and there is no “lives with” order in the mother’s favour, his consent is needed. If he has a genuine concern, such as a risk that the child will not be returned, he can apply to the Family Court for a prohibited steps order. The court will consider the reason for the objection, the travel plans, the risk of non-return and the child’s best interests.

Does the court treat a move within the UK differently from a move abroad?

No. The test is the same: what is best for the child, looking at the welfare checklist and comparing the realistic options. An international move is likely to have a bigger effect on the child’s relationship with the other parent, so the evidence about how that relationship will be maintained is usually more important.

What happens if I move my child without permission?

Relocating a child without the necessary consent or court order can have serious legal consequences. The other parent may apply to the court for the child’s return, and in international cases the move could be a criminal offence of child abduction. If the child is taken to a country that has signed the 1980 Hague Convention, the other parent can apply for the child’s return through the courts of that country. A parent who opposes a proposed relocation can also object and ask the court to refuse permission. Legal advice should always be sought before making relocation plans where parental responsibility is shared.