Skip to main content

Relocation

Working out overseas arrangements for children

After a divorce or separation, one partner may want to relocate to another country with the children. This is generally acceptable if both parents agree.  

But what can you do if you don’t want your children to relocate? Our solicitors can help. 

Can you take your children abroad?

If you have parental responsibility for your children, then the other parent cannot take your children abroad without your consent. Even if it’s just for a short holiday, both parents with parental responsibility must agree that the child can go. 

Normally, this isn’t a problem for a short holiday. If you are opposed to the idea though, please get in touch with us and we can discuss your options. 

It can be more problematic if one parent wants to take the children to live abroad.  

It’s possible to do this, if the other parent agrees. If you have their consent, then you’re free to live abroad with your children. 

If the other parent doesn’t agree, then we can help you access the legal route to make it happen. 

You may have to go to court to apply for ‘Leave to Remove’.  

Relocation

Frequently asked questions

  • What is the process for applying for ‘Leave to Remove’?

    You first prepare a detailed plan about the child’s new life, including their living arrangements, education, healthcare, social support, and holidays.

    The judge considers your plan, the other parent’s side of the story, and what’s best for the child. If Leave to Remove is granted, then you may live abroad with your children.

  • What can you do to stop your partner living abroad with your children?

    You have a legal right to oppose your ex-partner’s choice to live overseas permanently with your children. Without your permission, it could be child abduction.

    One of the things we can do is to apply for a Prohibited Steps Order. This is an urgent order to stop someone immediately from making decisions about your children.

    Your partner may choose to apply to court for permission to leave the country and take the children. This is a longer process and may involve a court hearing.

    We can help you prepare your witness statement for the hearing and guide you through the process to give you the best chance of keeping your children in the country.

Insights and articles

Latest insights for relocation

Family Law

Tying the Knot: What the government’s wedding law consultation could mean for family law clients

Family Law

Can “Bad Behaviour” Affect Your Divorce Settlement? The Case of Loh v Ardal Loh-Gronager

Family Law

Is Family Mediation suitable for you?

Family Law

What does the recent case of A & B v C & D mean for families using surrogacy?

Services for Individuals Services for Businesses Other Specialisms

Top 10 tips on preparing for the sale of technology companies

Commercial Property Services for Individuals Services for Businesses Other Specialisms

Leasehold Reform: England Is Still Waiting

Family Law

B v C & Anor [2026] – Why the Family Courts should not reward breach of Child Arrangement Orders

Family Law

How English Courts treat foreign marriages after Tousi v Gaydukova

Family Law Child Arrangement Orders Divorce Lawyers

Default shared care of children: sensible reform, or another battleground for separating parents?

Family Law

“Do I have to return my engagement ring?” – Navigating prenuptial agreements

Family Law

Why is emotional agility essential in divorce and child arrangement proceedings?

Family Law

Domestic Abuse in Matrimonial Finance

Family Law

Is January really the busiest time for divorce?

Family Law

Considering surrogacy? Key lessons from J (A Child) (Surrogacy: Adoption Order) (2025) for intended parents

Family Law Immigration

UK Legal Advice for International Surrogacy, Parental Orders & Immigration

Family Law

What are my alternatives to court in order to resolve my financial matters on my divorce?

Family Law

The role of Third-Party Intervenors in Matrimonial Finance Cases

Family Law

Is the family court system failing children and families and can arbitration help?

Family Law

Can a court take account of coercive and controlling behaviour in a marriage?

Family Law

What does the family law case of Standish v Standish mean for the treatment of property in a marriage?

Family Law

Top 10 Tips for Financial Remedy Proceeding

Family Law

The importance of pre-nuptial agreements

Family Law

Can I apply to the English court for financial provision after getting divorced abroad? Financial relief after an overseas divorce

Family Law

One Lawyer: Two Clients (Both Spouses/Both Cohabitants/Both Parents) – Resolution Together

Family Law

Can family law clients really trust in a family trust?

Family Law

What to do if your ex-spouse is recklessly spending money during your divorce: add back arguments

Family Law

Impact of remarriage after divorce

Family Law

Financial disclosure in divorce proceedings: What you need to know

Family Law

Understanding Mesher Orders

Family Law

Understanding police pensions and the impact of the McCloud case on divorce

Family Law

Surrogacy law and the importance of parental orders

Family Law

Nuptial Agreements Overview

Family Law

Separation Agreements

Testimonials
A brilliant and wonderful firm to work with to handle your case. I have found them consistently knowledgeable and helpful, taking time to explain things in a simple way to ensure that I fully understood the matters being discussed. They have always been professional and approachable, and meetings have been handled in an efficient and friendly manner.
Branch Austin McCormick have a collection of fine family lawyers who have a natural commitment to non-court dispute resolution

How can we help you?

This field is for validation purposes and should be left unchanged.
Privacy Overview

We use cookies to optimise site functionality and give you the best possible experience. You can find out more by referring to our terms and conditions