The only exception is that a parent named in the CAO as the person the child “lives with” may take the child abroad for up to 28 days without further consent.
Applications for permanent international relocation are some of the most sensitive and high‑stakes cases in family law. They typically arise in situations such as:
- Returning to a home country: where a parent wishes to move back to their country of origin or join family who have already emigrated.
- New relationships abroad: where a parent has remarried or formed a new partnership and their spouse or partner lives or works overseas.
- Employment opportunities overseas: where a parent has been offered a job abroad.
- Lifestyle relocation: where a parent believes another country offers a better quality of life for the child.
How to apply for permission to relocate abroad with a child
If no CAO is currently in place, the parent must apply for a Specific Issue Order using Form C100.
If a CAO already regulates the child’s living arrangements, the application must be made under section 13 of the Children Act 1989 using Form C1.
Where domestic abuse is alleged or a risk is identified, Form C1A must also be completed.
How the court decides international relocation cases
The court’s paramount consideration is always the child’s welfare. Judges undertake a holistic evaluation using the statutory welfare checklist, including:
- Child’s wishes and feelings, considered in light of age and understanding.
- Physical, emotional and educational needs.
- Impact of changing circumstances, including but not limited to:
- changes to housing, schooling and relationships
- how realistic and well‑planned the proposed move is
- the benefits to the relocating parent’s ability to care for the child
- the effect on the child’s relationship with the left‑behind parent and extended family
- Child’s background and characteristics.
- Any harm suffered or risk of harm.
- Capability of each parent to meet the child’s needs, including but not limited to:
- whether the relocating parent can better meet the child’s needs abroad
- the likely impact on the child’s relationship with the left‑behind parent
- the practicality of maintaining contact across borders
- the emotional impact on the relocating parent if prevented from moving
- the emotional impact on the left‑behind parent if the move is allowed
- whether the move or the objection to it is genuine, or driven by control or to limit the other parent’s involvement
- the extent to which loss of contact with the left behind family will be made up for by extension of contact with the family in the new country
- Court powers under the Children Act, including but not limited to:
- imposing conditions around the frequency of contact and/or funding the arrangements i.e. flights and accommodation
- obtaining mirror orders or reciprocal enforcement orders in the destination country
There is no presumption in favour of the parent seeking to relocate. Every case turns on its own facts.
Domestic abuse and relocation applications
Where domestic abuse is a factor, Practice Direction 12J applies. The court must consider the nature and relevance of the allegations when deciding whether relocation is safe and appropriate.
Professional evidence in relocation cases
In most cases, the court will seek expert input, including:
- Cafcass or Independent Social Worker (ISW) reports: providing an independent assessment of each parent’s proposals and the child’s welfare needs. These reports often carry significant weight due to their independent and holistic nature.
- Foreign legal advice: to confirm enforceability of English orders, availability of mirror orders, and cross‑border protections.
How our specialist family solicitors can help
International relocation cases are among the most emotionally charged and legally complex areas of children law. Whether you are seeking permission to relocate or opposing a proposed move, our specialist family solicitors have extensive experience in:
- Preparing relocation applications
- Challenging relocation proposals
- Negotiating child arrangements
- Representing parents in court
We provide clear, strategic advice to protect your child’s welfare and your relationship with them.