Permission to Relocate within the UK

Following a separation, a parent may wish to move to a different part of the country with their child. While this might seem straightforward, a long-distance move can have a profound impact on a child's relationship with their other parent. These cases, known as internal or domestic relocation disputes, require careful consideration. If the other parent objects to the move, the parent wishing to relocate must apply to the court for permission. The court's decision will be based on a single, overriding principle: the welfare of the child.

At Central Chambers Law, our senior legal consultants are experts in the law concerning children. We have an extensive and successful track record in handling these sensitive and often emotionally charged relocation cases. Our function is to provide clear, authoritative advice and to build a powerful, evidence-based case that robustly advances your position, whether you are seeking to move or opposing a relocation.

What is an Internal Relocation Case?

An internal relocation case arises when separated parents cannot agree on a proposed move with a child to a new location within the United Kingdom. If a Child Arrangement Order is in place stating that the child lives with both parents, one parent cannot unilaterally decide to move. Even without such an order, a significant move that would disrupt the child's life and their contact with the other parent will likely be challenged and require the court's permission.

These are not simple matters. The court must perform a careful balancing act, weighing one parent's freedom to move against the child's fundamental right to a meaningful relationship with both parents.

Common Reasons for Seeking to Relocate

A parent may wish to move for a variety of legitimate and understandable reasons. The court will scrutinise these motivations to ensure they are genuine and well-thought-out.

Common scenarios include:

• New Job Opportunities: A parent may be offered a better job or career progression in a different city.
• Returning to a Support Network: A parent may wish to move back to their hometown to be closer to their own parents, siblings, and friends for emotional and practical support.
• New Relationships: A parent may have formed a new relationship with a partner who lives in another part of the country.
• Lower Cost of Living: A move may be proposed to access more affordable housing and a better quality of life for the family unit.
• Specific Educational Needs: The proposed location may offer a particular school that is uniquely suited to the child's educational needs.

The Legal Framework: The Child's Welfare is Paramount

The court's decision-making process is governed by the Children Act 1989. There is no special set of rules for relocation cases; the law is the same as in any other dispute about a child's upbringing. The child's welfare is the court's paramount consideration.

To determine what is in the child's best interests, the judge will apply the 'Welfare Checklist'. The key factors include:

• The ascertainable wishes and feelings of the child concerned.
• The child's physical, emotional and educational needs.
• The likely effect on the child of any change in their circumstances.
• The child's age, sex, background and any characteristics the court considers relevant.
• The capability of each of the parents to meet the child’s needs.
• The harm which the child has suffered or is at risk of suffering.

The court will meticulously examine the moving parent’s plans and the non-moving parent’s objections. The impact on the child's relationship with the 'left-behind' parent is a crucial part of this analysis.

The Court Process: Making or Opposing an Application

Relocation disputes require detailed preparation and a clear presentation of the evidence.

1. Mediation (MIAM): Before court proceedings can begin, the parent wishing to move is usually required to attend a Mediation Information and Assessment Meeting (MIAM) to see if an agreement is possible.
2. Filing the Application: If mediation fails, the parent applies to the court for a "Specific Issue Order" (for permission to move) or to vary an existing Child Arrangement Order.
3. Preparing Evidence: This is the critical stage. The applicant must provide a comprehensive witness statement with detailed, practical proposals for housing, schooling, and realistic contact arrangements. The respondent must clearly set out the reasons for their opposition and the negative impact the move would have on the child.
4. CAFCASS Report: The court will almost always order a report from a CAFCASS officer, who will speak to both parents and the child (if old enough) and make a recommendation to the court based on the child's welfare.
5. Final Hearing: If the dispute is not resolved, a final hearing will take place. A judge will hear evidence from both parents and the CAFCASS officer before making a final decision on whether to grant or refuse permission to relocate.

Why Central Chambers Law Provides the Definitive Representation

Internal relocation cases are won and lost on the quality of the evidence and the strategic presentation of the case. They demand a legal team that combines forensic attention to detail with powerful and persuasive advocacy.

Clients trust Central Chambers Law because we provide a robust, child-focused, and highly effective service for these critical disputes. Our reputation is built on our ability to master the facts and present a compelling case that aligns with the child's best interests. Our approach involves:

• Immediate, Authoritative Advice: We provide a clear, early assessment of the merits of your case, explaining the legal test and advising on the crucial evidence required to build a winning argument.
• Deep Expertise in Children Law: Our team has an intrinsic, technical understanding of the Children Act and the extensive case law that guides a judge's decision in relocation matters.
• Meticulous and Strategic Case Preparation: Success depends on the detail. We work intensively with our clients to prepare a powerful, evidence-rich case that addresses every element of the welfare checklist and anticipates the other side's arguments.
• Formidable and Empathetic Advocacy: Our senior advocates are highly experienced family court practitioners. We have the authority to argue your case persuasively while remaining sensitive to the emotional stress these proceedings cause.

Our focused expertise means we are perfectly equipped to provide the intelligent and robust representation needed to navigate the challenges of a domestic relocation dispute.

Protect Your Child's Future with Immediate Expert Advice

Whether you are seeking to relocate with your child or wish to oppose a proposed move, it is absolutely essential to seek specialist legal advice at the earliest opportunity. The outcome of your case will have a lasting impact on your child and your family life.

Contact our expert family law solicitors immediately for an urgent and confidential consultation. Taking decisive action and preparing a thorough case from the outset is the most critical step you can take.

‍