Our work in this area is informed by long experience of the challenges that arise when parents, children and family life are rooted in more than one country. Several members of the Children team are Fellows of the International Academy of Family Lawyers, and we draw on that international network to secure specialist input overseas where needed. This ensures that decisions affecting children are made with a clear understanding of the legal position both in England and Wales and abroad.

Consent and the legal framework for international relocation

A person with parental responsibility for a child (typically a parent) cannot relocate a child to another country without the consent of everyone else who holds parental responsibility. In the absence of consent, the parent seeking to relocate will need the decision to be made by a court or, where appropriate, an arbitrator. Moving a child abroad without the necessary consent is treated very seriously and may amount to a criminal offence. Given the complexity of this area of law, it is essential to obtain expert legal advice at an early stage.

How the court approaches relocation decisions

International relocation is one of the most challenging and potentially divisive issues facing separated families. Applications often arise in blended families, or where a parent wishes to return with the children to their home country following separation or divorce.

Where the court is asked to determine whether a proposed move is in a child’s best interests, it will undertake a detailed analysis of the circumstances. The child’s welfare is consideration, and factors considered may include the child’s wishes and feelings (where age‑appropriate), and the practical arrangements for the child to spend time with the ‘left‑behind’ parent if the relocation is permitted.

Our Children team’s extensive experience of relocation applications enables us to approach these cases in a thoughtful and sensitive, yet forensic and robust way, to achieve the best possible outcome for our clients and their children.

Where international relocation or travel occurs without the necessary consent or authority, the issue may escalate from an arrangements dispute to one of international child abduction. The legal consequences and the urgency of the available remedies are markedly different. Early, clear advice is essential to identify the correct framework and protect the child without delay.

• Contact our Children Team