Relocation and Child Custody: Legal Requirements for Moving Abroad with a Child (18 August 2025)

Relocating a child internationally is a significant and often emotionally charged decision, governed by strict legal provisions in England and Wales. The law seeks to balance the welfare of the child with the rights and responsibilities of both parents, ensuring any decision prioritises the child’s best interests.

Parental Responsibility and Consent

Legally, a child cannot be taken out of the jurisdiction of England and Wales without the consent of all individuals who have parental responsibility. This legal term refers to the rights and duties relating to a child’s upbringing, such as decisions about their education, health, and welfare.

If a parent with parental responsibility intends to relocate abroad with the child and another individual with parental responsibility objects—or if court proceedings concerning the child are ongoing—permission from the court must be obtained through an application for a ‘Specific Issue Order’.

The Legal Framework: The Children Act 1989

International relocation cases are governed by the Children Act 1989, which places the child’s welfare as the paramount consideration in any decision regarding their upbringing. To assess whether relocation is in the child’s best interests, the court examines several factors, including:

• The child’s ascertainable wishes and feelings: Depending on the child’s age and maturity, their preferences may carry significant weight.
• Physical, emotional, and educational needs: The court considers how the relocation will meet or disrupt these essential needs.
• The likely effect of any change in circumstances: This includes examining the impact of cultural and linguistic shifts on the child.
• Age, sex, background, and relevant characteristics: The court evaluates whether the move aligns with the child’s personal circumstances and identity.
• The risk of harm: Any history of harm or risk of harm to the child is carefully reviewed.
• The capability of each parent: The court assesses the ability of each parent, and others involved, to meet the child’s needs in the new location or by remaining in the UK.

A Complex and Sensitive Process

International child relocation cases are inherently complex, often involving competing parental rights, emotional tensions, and practical considerations such as new living arrangements, schooling, and support networks abroad.

Legal support is essential for both parents in international child relocation cases, whether you are seeking to move abroad with your child and opposing the relocation. An experienced solicitor can guide you through the complex legal requirements and court proceedings, help you prepare and present a compelling case that prioritises the child’s best interests, and provide dedicated representation to enhance your chances of achieving a favourable outcome.

How We Can Help

At Duncan Lewis Solicitors, our family law team has significant experience in international child relocation cases. We understand the emotional and legal challenges these situations present and are committed to providing tailored guidance and representation. Whether you are seeking to move or ensure your child remains in the UK, we will work diligently to support you through this sensitive process.

Contact our team today for expert legal advice and assistance on 03337720409.

About the Author

Sophie Rayment is a Director of Family and Child Care Department at Duncan Lewis Solicitors, primarily based in Peterborough and Cambridge. Her areas of expertise include child care proceedings, acting for parents whose children have been removed from their care for a variety of reasons including drug abuse, physical abuse and poor home conditions. For advice or assistance on a family or child care matter, contact Sophie at SophieR@duncanlewis.com or via telephone at 02070147388.

Duncan Lewis Solicitors

Duncan Lewis is renowned for its exceptional legal services and commitment to justice. The company employs a team of highly skilled solicitors offering top-tier representation in 25 fields of law, and ranked as top tier by the Chambers and Partners and the Legal 500 legal guides, and as one of the top 250 law firms in the country by the Times. We were most recently crowned Law Firm of the Year at the prestigious LexisNexis awards 2024.