International relocation of children

Before making any application to the Courts, parents should take the following steps: –

Anyone with parental responsibility must consent to a child under the age of 16 being removed from England and Wales, unless a Court Order provides otherwise.

If one parent is travelling out of the jurisdiction with their child, it is advisable to carry a letter of consent signed by the other parent confirming their agreement to the trip. It is also important to consider the requirements of the country to which you are travelling, as some countries require the letter to be notarised or witnessed.

If consent is not obtained and no Court Order is in place, the parent who removes the child from the jurisdiction may be committing child abduction. If you are concerned that your ex-partner may take your child abroad without consent, you can apply to the Court for a Prohibited Steps Order to prevent this.

Therefore, the starting point to relocate internationally will be to seek consent from the other parent. Consider every practical and emotional aspect of what your child’s needs and prepare a detailed plan.

If consent is not forthcoming, Mediation or other forms of Non-Court Dispute Resolution may assist in narrowing issues or reaching agreement. In some circumstances, Arbitration may also be available.

If an agreement cannot be reached and no consent is given, the relocating parent must apply to the Court for permission. This is a ‘leave to remove’ application under section 13 (2) of the Children Act 1989.

The Court’s approach to international relocation cases is that the welfare of the child is the most important consideration.

Relocation cases are highly fact dependent. The Court will:

• Treat each parent’s position as equally important.
• Undertake a global, holistic evaluation of all realistic options.
• Compare proposals side-by-side to determine which best meets the child’s needs.

The Court considers the welfare checklist set out in Section 1 of the Children Act 1989. This includes:-

• The child’s wishes and feelings (depending on age and understanding)
• Their physical, emotional and educational needs
• The likely impact of any change in circumstances
• The practical reality and detail of the proposed move
• The effect on the child’s relationship with the other parent and extended family
• Any risk of harm
• Each parent’s ability to meet the child’s needs

A key part of the analysis is how contact with the “left-behind” parent will be maintained, and whether proposals are realistic and workable.

If considering a relocation, it is important to have a detailed and realistic plan in respect of where you intend to move. The following issues should be addressed: –

• Proposed accommodation and schooling
• Employment and financial arrangements
• Immigration and visa requirements
• Support networks in the new country
• A clear and workable plan for contact with the other parent (including funding and travel arrangements)

The Court will closely scrutinise how practical and achievable these proposals are. These points are intended as a starting point and do not constitute an exhaustive list.

1. You will need to address: –
2. The reasons for the move
3. The impact on the child
4. The consequences if the application is refused
5. How relationships will be maintained

Where domestic abuse is a factor, the Court must apply the principles set out in Practice Direction 12J.

The recent Court of Appeal decision in Re O (Domestic Abuse: International Relocation) [2025] confirms that the Court must assess:

• The impact of abuse on both the child and the primary carer;
• The availability of protective measures in each jurisdiction are a key consideration;
• The motivation to relocate following abuse and the legitimacy and relevance of that; and
• The Court must still undertake a full welfare and proportionality analysis.

This highlights the importance of case-specific assessment, particularly where relocation may provide safety or stability.

Where relocation is proposed to a country that is not signatory to the Hague Conventions, the Court is often more cautious.

Key concerns include:

• Whether English orders will be recognised and enforced
• Whether contact arrangements can realistically be maintained
• Whether safeguards (such as financial guarantees or undertakings) are available

In some cases, expert evidence on foreign law may be required.

If a child is taken abroad without consent, the Hague Convention 1980 may apply. This provides a mechanism for the prompt return of children to their country of habitual residence, usually within a short timeframe. However, this depends on whether the country involved is a contracting state. Where it is not, the Court may rely on its inherent jurisdiction, with the child’s welfare remaining the central consideration.

International relocation cases require a careful balance between the competing rights and interests of parents, while always prioritising the welfare of the child. Whether you are seeking to relocate or opposing an application, early legal advice from a specialist and thorough preparation are essential. At RWK Goodman our Partner and Head of International Children, Kim Lehal can advise and support you with all aspects of international children law.