Making the decision to move abroad with children can be daunting and complex. Matters will be even more complicated when separated or divorced parents wish to move abroad with children. At Expert Family Law, we understand the complexities and emotional strain that come with international child relocation cases. Whether you are seeking to relocate abroad with your child, or you are concerned about the potential removal of your child from the country without consent, obtaining accurate legal advice is critical.

Our trusted network of international child relocation solicitors offer clients the guidance, representation, and support they need for cases in this difficult area of law.

Expert Family Law are not a firm of solicitors. We are part of Legal Resolution Group C.I.C and have a network of experienced family law solicitors who can assist on your case.

What Is International Child Relocation?

International child relocation involves a parent wishing to move with their child from one country to another, usually after a separation or divorce. Such cases often arise when one parent wants to return to their home country or pursue opportunities overseas. These cases are sensitive because they can significantly affect the child’s relationship with the other parent, potentially limiting contact and shared parenting arrangements.

Relocation of a child can be with or without consent:

• With consent: If both parents (or all parties with parental responsibility) agree, the relocation can proceed legally.
• Without consent: If there is no agreement in place, parent seeking to relocate must apply to the court for permission to relocate before leaving the country with the child. This is known as “leave to remove.”

Legal Requirements for Relocating a Child Abroad

In England and Wales, a parent cannot take a child out of the country without the other parent’s consent if both have parental responsibility. If there is no agreement, the parent wishing to relocate must apply for a Specific Issue Order under the Children Act 1989. The family courts will then determine what is in the best interests of the child using a statutory welfare checklist.

The court will consider factors such as:

• The motive behind the relocation
• The child’s welfare
• The impact on the child’s relationship with the left-behind parent
• Educational and emotional needs of the child
• Practical arrangements for contact with the other parent
• The child’s wishes and feelings, depending on their age and maturity
• Whether the child’s education, housing, social activities and support network have been considered

International relocation cases are among the most challenging in family law, often involving cultural, financial, and emotional issues that must be balanced carefully.

Why Choose a Specialist International Child Relocation Solicitor?

Unlike general family law matters, international relocation involves cross-border legal systems, immigration issues, and compliance with international treaties like the Hague Convention on the Civil Aspects of International Child Abduction. It’s vital to seek specialist legal advice and instruct a solicitor who has extensive experience handling international family law disputes and understands both UK and international jurisdictions.

At Expert Family Law, our network includes solicitors who specialise in:

• Applications for relocation (both to and from the UK)
• Opposing unlawful or undesired relocation
• Advising on Hague Convention proceedings
• Drafting parental responsibility agreements and consent orders
• Negotiating and securing international contact arrangements

Our team ensures every angle is covered to protect the rights and welfare of both parents and, most importantly, the child.

Can I move abroad with my child without the other parent’s consent?

If a parent removes their child from the UK without the consent of the other parent (or anyone else with parental responsibility), or without the court’s approval, they could be committing a criminal and/or civil offence, even if the trip is brief.

There is a limited exception where a parent has a ‘lives with’ child arrangements order, they may take the child abroad for up to 28 days without needing the court’s permission, as long as no other court order prohibits this.

In all other situations, taking a child out of the UK for a long-term or permanent relocation requires either:

• The consent of every person with parental responsibility, or
• Permission from the court, if agreement cannot be reached.

What happens if I take my child abroad without permission?

Doing so can be considered child abduction under UK law and international treaties. It may lead to serious legal consequences, including an order for the child’s return.

Can a court stop my ex-partner from taking our child abroad?

Yes. You can apply for a Prohibited Steps Order if you have genuine concerns that your ex-partner may relocate without consent.

If you are concerned that your child is at immediate risk of being taken out of the UK without your consent, it is essential to seek urgent legal advice. It is significantly easier to stop an unlawful removal than to secure a child’s return once they have left the country.

Do I need a solicitor to apply for relocation?

Although it is possible to make an application yourself, the legal and emotional stakes are high. Working with a specialist solicitor significantly increases your chances of success.

Common Scenarios Our Network Support

Our network of international child relocation solicitors have helped families in a variety of situations, including:

1Returning to a Home Country After Separation

A common scenario involves a parent wishing to return to their native country with the child after a relationship breakdown. International child relocation solicitors provide legal guidance on whether relocation is likely to be granted and help present a strong case focused on the child’s best interests.

Preventing Unlawful Relocation

If a parent suspects the other is planning to take the child abroad without consent, urgent legal intervention may be required. Our solicitors can apply for a Prohibited Steps Order to prevent the relocation or to alert authorities at ports and airports.

International Contact Arrangements

When relocation is agreed or permitted by the court, solicitors help set up robust contact arrangements to preserve the child’s relationship with the non-relocating parent. This may include holiday contact, digital contact (video calls), or regular visits.

Hague Convention Proceedings

In the event of a child being taken overseas unlawfully, our network includes specialists in Hague Convention applications to secure the child’s prompt return.

How Expert Family Law Can Help

Expert Family Law is not a firm of solicitors. We are a legal support platform that connects individuals with trusted, experienced family law solicitors across England and Wales. We have built a network of professionals with proven track records in complex family law matters, including international child relocation.

The international child relocation solicitors in our network can assist parents in negotiating agreements, and can also support them throughout court proceedings in these types of cases.