Internal Relocation with a Child
Internal relocation with a child can significantly impact existing parenting arrangements. Our experienced family law team provide clear, practical advice both for parents wishing to relocate and for those who wish to oppose a move, ensuring the focus remains firmly on your child's needs.
What is internal relocation?
In UK family law, 'internal relocation' refers to a parent's wish to move with a child from one part of England and Wales to another.
What are the challenges of internal relocation?
Unlike international relocation, a move within England and Wales does not require a specific court order in advance. However, internal moves can still have a significant impact on existing child arrangements, so a proposed relocation should be approached carefully.
Some of the common challenges of moving with a child within the UK include:
Schooling
Contact arrangements
Travel times
A child's relationship with the other parent
How should internal relocation be approached?
Under the Children Act 1989, parents are expected to exercise parental responsibility in a way that promotes the child's welfare and encourages co-operation.
Proposing plans
Where both parents are involved in their child's life, a parent proposing a move should discuss their plans in advance and provide sufficient information to allow constructive consideration of the proposalsAccepting plans
If parents agree, the relocation can go aheadContesting plans
If parents do not agree, either parent may apply to the Family Court for a decision
The parent seeking to move may apply for a Specific Issue Order, asking the court to determine whether the relocation should be permitted
The parent opposing the move may seek a Prohibited Steps Order to prevent the relocation from taking place without a court decision.
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How does the court decide on internal relocation?
The court's paramount consideration is always the child's welfare in child disputes. In reaching a decision on internal relocation, the court will focus on what they consider is in the child's best interests, guided by the statutory welfare checklist as outlined in the Children Act 1989. This includes:
The child's ascertainable wishes and feelings in light of their age and understanding
Their physical, emotional and educational needs
Any risk of harm or history of harm
The likely impact of changes to their circumstances
The parents' ability to meet their needs
Internal relocation cases are highly fact specific. The court will focus on the practicality and realism of each parent's proposals, level of disruption, impact on family relationships, and how the move fits with the child's overall welfare or 'best interests'.
Judges typically consider:
Why the move is being proposed
The practicalities – housing, schooling, childcare
The impact on the child's relationship with both parents
The child's wishes (depending on age and maturity)
How contact arrangements will work in practice
Whether the plan is realistic, thought through, and child focused
Whether there is already a Child Arrangements Order in place
The court's priority is stability and welfare, not a parent's preference for a lifestyle change. The court will want to know about:
School options (subject to the child's age)
Travel times and costs for maintaining contact
Support networks in the new area
The financial impact of a move
Housing details
Any impact on the child
Moving with a child without consent or an order can lead to court intervention, so it is important to take early advice.
There is no automatic right to relocate. The court's focus is always the child's best interests, guided by the welfare checklist mentioned above.
Why early legal advice matters
Internal relocation cases can quickly become complex. The outcome often depends on preparation, timing and the quality of the relocation plan. Getting early advice can:
Strengthen your position
Help avoid conflict
Ensure the court has clear, child focused evidence
Improve your prospects of a successful outcome
How to approach an internal relocation proposal
For parents proposing internal relocation
Discuss the move early and provide the other parent with clear information about your plans
Explain the reasons for the move, focusing on how it will benefit your child
Provide practical details such as proposed accommodation, school placements and childcare arrangements
Share a realistic contact proposal showing how the child's relationship with the other parent will be maintained and supported
Be open to discussion and compromise, especially around travel arrangements and contact schedules
Seek legal advice early if an agreement cannot be reached
Consider Non-Court Dispute Resolution to have child-focused and constructive discussions
Apply for a Specific Issue Order if the other parent will not consent and a court decision is needed
For parents opposing an internal move
Respond promptly when informed of the proposed relocation
Ask for full details of the move so you can understand the implications for your child
Set out your concerns constructively, focusing on the child's stability, routine and relationships
Keep communication child focused and avoid escalating conflict
Seek legal advice early, especially if the move would significantly disrupt contact
Consider Non-Court Dispute Resolution to have child-focused and constructive discussions
Apply for a Prohibited Steps Order if you believe the move should not take place until the court has considered the matter fully
Prepare to explain how your own proposals best meet the child's needs if the case goes to court
Why choose Freeths for internal relocation proposals?
Our experienced family team provides comprehensive support to parents navigating the complexities of moving with a child within the UK.
Your specialist will offer bespoke guidance based on your family's unique circumstances, including clear strategies for supporting or challenging a proposed relocation
We'll clarify the legal process, helping you to make informed decisions when making or opposing a court application and assisting with long term planning for your child
We can provide expert advice if you need to engage with the Children and Family Court Advisory and Support Service (CAFCASS)
Our specialists explore all forms of Non Court Dispute Resolution (NCDR), including mediation
Our team is well-versed in complex cases involving parental responsibility, child arrangements and both internal and international relocations
We'll prioritise your child's welfare while balancing the practical realities of moves, offering empathetic and professional support throughout
We're a full-service firm, regulated by the Solicitors Regulation Authority in England and Wales
Internal relocation FAQs
If both parents have parental responsibility, you must either:
Obtain the other parent's agreement
OR
Apply to the Family Court for permission (via a Specific Issue Order) if agreement cannot be reached
Moving with a child without consent or a court order could result in court proceedings and, in some cases, orders requiring the child's return.
A Specific Issue Order is a court order used to determine a dispute between parents about a particular aspect of a child's upbringing. This could include which school they attend or where they live within the jurisdiction.
If you are seeking permission to relocate, you would apply for a Specific Issue Order. The other parent may respond with a Prohibited Steps Order to prevent the move.
Historically, so called 'exceptional circumstances' were sometimes thought to be required to stop an internal move. However, more recent case law confirms that the same welfare-based approach applies to both domestic and international relocation. There is no presumption for or against a parent who wishes to move.
Having a 'live with' child arrangement order does not guarantee permission to relocate. You'll need consent or a court order if the other parent objects.
However, the court will consider the practical realities of the child's day to day living arrangements when assessing the welfare implications.
Moving with a child without consent or a court order can lead to:
Emergency applications by the other parent
Orders requiring the child's return
Negative findings and adverse inferences about your conduct, which may affect future decisions
Potential adverse costs orders
If you are considering internal relocation within England and Wales and think it may be contested, you should seek early legal advice.
Timescales vary depending on urgency and complexity. Contested applications may take 6-12 months. Urgent cases may be dealt with more quickly. Early negotiation, mediation or solicitor led discussions can sometimes avoid the need for court proceedings or, at the very least, a final hearing.
Speak to us about internal relocation
If you’re thinking about divorce or want to understand the process in more detail, our expert family law team is here to support you. We will provide clear guidance, practical solutions and the compassionate expertise you need to move forward confidently.
Contact us to discuss moving with a child within the UK or opposing an internal relocation proposal with a specialist. We can speak with you face-to-face, over the phone on 0330 100 1014 or via video call.
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