Last updated: October 2026
by Jess Knauf, Director of Client Strategy. Fact-checked by Belinda Atkins, Managing Director, Family Legal Ltd. Information reflects current family law and mediation requirements in England and Wales as of 1 October 2026.
Key Takeaways
- Taking a child out of the UK to live needs the written consent of everyone with parental responsibility, or a court order. Doing it without either can be a criminal offence.
- A move within the UK, say from London to Kent or Manchester, does not automatically need permission, but the other parent can ask the court to stop it.
- Courts decide relocation disputes on one question: what is best for the child. There is no presumption for or against a move.
- A detailed, child-focused proposal (schools, housing, travel and a new contact plan) makes agreement far more likely.
- Mediation is usually quicker, less stressful and less expensive than a contested London court case, and legal aid or the £500 voucher may help with the cost.
Moving away with children after separation
Moving away with children after separation usually needs the other parent’s agreement or the court’s permission, and moving abroad always does. Within the UK there is no automatic legal bar, but the other parent can apply to the family court to prevent or delay the move. If you cannot agree, a court will decide based only on your child’s welfare, so trying mediation first is often the quickest and least stressful route.
If you are thinking about moving away with children after separation, you are far from alone in London. High rents, a new job outside the capital, or simply wanting to be nearer your own parents for childcare can all make a fresh start elsewhere look like the right choice. The difficulty is that a move which makes sense for you can feel, to the other parent, like losing their child.
This guide explains when you need consent, how courts decide relocation disputes, and how London parents on both sides of the question can reach an agreement without months in court. It applies whether you were married or not, although if you are one of the many unmarried parents going through a separation, checking who holds parental responsibility is the first step.
What counts as relocation when moving away with children after separation?
Relocation is any move that would make it noticeably harder for your child to keep their current relationship with the other parent. It does not have to be a move abroad. A move from Islington to Bristol, or even from Sutton to the far side of Essex, can count if it ends midweek overnights or school pick-ups.
Parental responsibility matters here. It is the legal right to be involved in big decisions about a child’s upbringing, such as where they live and go to school. Mothers have it automatically. Fathers have it if they were married to the mother, are named on a birth certificate registered after 1 December 2003, or have it through an agreement or court order. Where both parents hold it, a decision as significant as relocation should be made together.
Do you need permission for moving away with children after separation?
The answer depends on where you are going and whether a court order is already in place.
- Moving abroad: always needs written consent from everyone with parental responsibility, or the court’s permission
- Moving within the UK, no court order: no automatic legal bar, but the other parent can apply to stop it
- Moving within the UK with an order in place: you must still be able to comply with the order, so a long-distance move usually means agreeing changes or going back to court
Can you move abroad with your child without consent?
No. Taking a child out of the UK without the consent of everyone with parental responsibility, or a court order, can be an offence under the Child Abduction Act 1984. Most countries have signed the 1980 Hague Convention, so a court abroad can order your child’s return. London’s many international families often face this question, and our guide to international family mediation in London explains how cross-border cases can be mediated, including online.
One exception: a parent named in a child arrangements order as the person the child lives with can take the child abroad for less than one month without consent, under section 13 of the Children Act 1989. That covers holidays, not a permanent move.
Can your ex stop you moving within the UK?
They can try. The other parent can apply for a prohibited steps order, which forbids a particular step such as moving the child outside a named area. You, in turn, can apply for a specific issue order giving permission to move. Both are made on Form C100, the application form for children matters, and our guide to filing a C100 in London walks through the process. The court fee is £270 as of July 2026 (Ministry of Justice).
How will a London family court decide a relocation dispute?
The court’s only question is what is best for your child. In Re C (Internal Relocation) [2015] EWCA Civ 1305, the Court of Appeal confirmed that moves within the UK and moves abroad are judged in the same way, with no presumption for or against relocating. The judge compares each realistic option side by side, using the welfare checklist in section 1 of the Children Act 1989. Factors include:
- Your child’s wishes and feelings, weighed according to their age and understanding
- Their educational and emotional needs, including the effect of leaving a London school and friends
- The relationship with the other parent and how realistically it can continue at a distance
- Your reasons for moving, and whether the plan is genuine and well researched
- The impact on you if the move is refused, such as losing a job offer or family support
A move that looks designed to limit the other parent’s time will not go down well. The court may also ask Cafcass, the service that advises family courts on children’s welfare, to prepare a report. With the pressure on London’s family courts, a contested case can take many months, as our update on London family court delays explains. A job offer will rarely wait that long.
Planning a move, or worried about one?
A MIAM with one of our FMC-accredited London mediators is the first step, and it is free if you qualify for legal aid.
What should you do if your ex plans to move away with your children?
Try not to panic, and avoid agreeing or refusing in the heat of the moment. Ask for the details in writing: where, when, which school, and what they propose for your time with the children. Then suggest mediation so you can look at the plan properly together.
If you genuinely believe your child is about to be taken out of the country without your consent, act quickly. You can apply to court straight away, and a real risk of a child being removed from the UK is one of the recognised exemptions from attending a MIAM. If time is short but you still want to try mediation, an urgent MIAM in London can often be arranged within days.
For UK moves, the same thinking applies when your ex will not agree on child arrangements: keep communication factual and child-focused, keep a record, and avoid tactics that could later look obstructive.
Family Law Service
Need to apply to court about a move?
If mediation has not worked or is not suitable, our sister service can complete your C100 for a specific issue or prohibited steps order at a fixed fee, so your application is clear and correct first time.
How can mediation help when moving away with children after separation?
Relocation feels all or nothing, but in practice there is usually room to agree. Child arrangements mediation in London gives both parents space to test the plan, raise worries and build a new arrangement that keeps the children close to both of you. It is usually less stressful, quicker and less expensive than asking a judge to choose. Where your children are old enough, child-inclusive mediation lets a specially trained mediator hear their views directly.
If you are the parent hoping to move, a strong proposal is your best tool. Follow these steps before you raise it:
- Step 1, research the area: confirm housing, a school place and any job offer in writing.
- Step 2, plan the travel: set out journey times, who does the driving or train trips, and how costs are shared.
- Step 3, propose a new schedule: longer weekends, a fair share of school holidays and regular video calls to make up for lost midweek time. The free co-parenting schedule builder can help you sketch options.
- Step 4, write it into a plan: once agreed, record everything in a parenting plan that works for both homes.
Distance need not rule mediation out either. If one parent has already moved, online mediation means nobody has to travel back into London for sessions.
A Lewisham mother and a Greenwich father agree a move to Kent
After her rent rose sharply, a mother wanted to move with her two children to Canterbury, near her parents. The father, who had the children every Wednesday and alternate weekends, was ready to apply to court. In three mediation sessions they agreed the move would happen after the summer term, the father would have every other weekend from Friday after school, half of all school holidays and a video call twice a week, and the mother would do the Friday drop-off by train. Both said the detailed travel plan was what changed the conversation. (Details changed to protect confidentiality.)
“We see more London relocation disputes every year, usually driven by housing costs rather than any wish to cut the other parent out. The cases that settle are the ones where the moving parent arrives with a properly worked-out plan for the children’s time with both parents, and the other parent feels genuinely listened to.”
Jess Knauf, Director of Client Strategy
Could you get legal aid or the £500 voucher?
London Mediation Service is a Legal Aid Agency contracted provider for family mediation, so legal aid mediation is available through our service where you qualify (it is means-tested). Your MIAM is free if you qualify for legal aid. Relocation disputes are child arrangements cases, so many also qualify for the £500 family mediation voucher, which is not means-tested and does not cover the MIAM. You can check your legal aid eligibility in a couple of minutes.
Summary
Moving away with children after separation needs consent or a court order if you are going abroad, and while a UK move has no automatic bar, the other parent can ask the court to stop it. Courts decide on your child’s welfare alone, comparing each realistic option. Whichever side of the move you are on, a detailed, child-focused proposal and early mediation give you the best chance of a workable agreement without a long, costly London court case.
Frequently Asked Questions
Do I need permission to move within the UK with my child after separation?
Not automatically. There is no legal requirement to get consent for a move within the UK, but the other parent can apply for a prohibited steps order to stop it. Discussing the move first, ideally in mediation, avoids a dispute later.
Can I move abroad with my child without the other parent’s consent?
No. You need written consent from everyone with parental responsibility or a court order. Removing a child from the UK without either can be a criminal offence, and the child may be ordered to return.
How does a court decide whether I can relocate with my child?
The court decides based only on the child’s welfare, using the welfare checklist in the Children Act 1989. It compares the realistic options, including the child’s wishes, their needs, the relationship with each parent and the reasons for the move.
Do I need a MIAM before applying to court about relocation?
Usually yes. You must attend a MIAM, a Mediation Information and Assessment Meeting, before making a C100 application, unless an exemption applies. A genuine risk of a child being removed from the UK is one such exemption.
Does my child’s opinion count in a relocation decision?
Yes, depending on their age and understanding. Courts give older children’s views significant weight, and child-inclusive mediation allows a trained mediator to hear a child’s views without them having to choose sides.
You Might Also Find Helpful
Family Disputes in London Read the guide |
Choosing a School After Separation Find out more |
Co-Parenting After Separation Read the guide |
Legal Aid for Family Mediation Find out more |
Ready to Take the Next Step?
Whether you are hoping to move or worried about a move, London Mediation Service can help you reach a plan that works for your children. Legal aid mediation is available if you qualify, and sessions run in person across London or online.
Our Legal Partnerships
London Mediation Service, as part of Mediate UK, works with trusted legal partners including DFA Law LLP and independent barristers, who support clients with consent orders, legal documentation and advice, and independent barrister reviews.