You Want to Move Abroad Permanently With Your Child
If you hold parental responsibility and wish to permanently relocate abroad with your child, you must either obtain written consent from every other person with parental responsibility or apply to the court for a specific issue order under the Children Act 1989. Leaving without consent or a court order may constitute child abduction.
Quick Answer
You need the written consent of every person with parental responsibility OR a specific issue order from the family court before permanently removing your child from England and Wales. The child's welfare is the paramount consideration under Children Act 1989 s.1. Leading cases Payne v Payne and K v K set out the balancing exercise the court undertakes.
Full Explanation
Under Children Act 1989 s.13, if there is a child arrangements order specifying with whom a child lives, no person may remove that child from the United Kingdom without either the written consent of every person with parental responsibility or the leave of the court. Even where no order is in place, removing a child permanently without consent may constitute child abduction under the Child Abduction Act 1984.
The court approaches relocation applications by applying the welfare checklist in s.1(3) of the 1989 Act. In Payne v Payne [2001] EWCA Civ 166, the Court of Appeal identified key questions including the genuineness and reasonableness of the proposed move, the impact on the child of refusing permission, and the effect on contact with the left-behind parent. K v K (Relocation: Shared Care Arrangement) [2011] EWCA Civ 793 clarified that Payne does not create a presumption in favour of the primary carer and that welfare is always the court's paramount concern.
The practical starting point is to raise the proposal with the other parent and attempt to reach agreement. A written agreement — setting out the revised contact arrangements in detail — should then be formalised in a consent order approved by the court. If agreement cannot be reached, the applicant must attend a Mediation Information and Assessment Meeting (MIAM) before issuing proceedings (unless an exemption applies).
If proceedings are issued, CAFCASS (the Children and Family Court Advisory and Support Service) will usually be invited to prepare a safeguarding letter and, in more complex cases, a full s.7 welfare report. The child's wishes and feelings, appropriate to their age and understanding, will be taken into account.
Where a parent leaves with a child without consent or a court order, the left-behind parent may apply for a return order under the Child Abduction Act 1984 or, if the destination country is a signatory, under the 1980 Hague Convention on International Child Abduction.
Legal Basis
- §Children Act 1989 s.13 — restriction on removal from UK when child arrangements order in force
- §Children Act 1989 s.1 — welfare paramount; welfare checklist
- §Children Act 1989 s.8 — specific issue order
- §Payne v Payne [2001] EWCA Civ 166 — relocation principles
- §K v K (Relocation: Shared Care Arrangement) [2011] EWCA Civ 793 — welfare paramount, no Payne presumption
- §Child Abduction Act 1984 — criminal offence of removing child without consent
What To Do
Discuss Your Plans With the Other Parent
Raise the proposed relocation as early as possible with the other parent. Provide details of the destination, your reasons, proposed living arrangements, schooling, and a contact schedule for the other parent. Demonstrating good faith at this stage assists any later court application.
Attend Mediation (MIAM)
If the other parent does not agree, you must attend a Mediation Information and Assessment Meeting before issuing court proceedings (unless an exemption — such as domestic abuse — applies). A trained mediator may help the parties reach a negotiated agreement, which can then be approved by the court.
Apply for a Specific Issue Order If No Agreement Reached
If mediation fails, apply to the Family Court for a specific issue order under Children Act 1989 s.8. Your application (Form C100) must be accompanied by a completed MIAM exemption certificate or mediator's certificate. Set out in your supporting statement why the move is in the child's best interests.
Engage With CAFCASS
CAFCASS will carry out safeguarding checks and may prepare a welfare report. Cooperate fully with the CAFCASS officer. Their recommendation, while not binding, carries significant weight with the judge.
Attend the Final Hearing
At the final hearing the judge will apply the welfare checklist in s.1(3), weigh the benefits of the move against the impact on the child's relationship with the other parent, and decide whether to grant leave. If granted, a detailed contact order for the other parent will usually be made simultaneously.
Important Deadlines
Important Warnings
Removing a child from England and Wales without consent or a court order when a child arrangements order is in place is a criminal offence under the Child Abduction Act 1984, punishable by up to seven years' imprisonment.
Do not book flights or make irreversible financial commitments (e.g. selling your home) before obtaining consent or a court order — this can prejudice your application.
If the other parent has no parental responsibility, removal may still engage Hague Convention provisions if the child is habitually resident in England and Wales.