Family Law
Relocation and Leave to Remove Barristers
Moving with a child within the UK or abroad when the other parent does not agree. Specialist advice and representation for parents seeking or opposing a move.
Takes about 2 minutes. No obligation.
Barristers regulated by the Bar Standards Board
Relocation cases arise when one parent wants to move with a child and the other parent objects. They fall into two broad types. International relocation means moving the child to live outside the United Kingdom. Internal relocation means moving within the UK, for example from London to Scotland or from one end of England to the other.
For international moves, the starting point is the law on removal. Where a child arrangements order says who the child lives with, section 13 of the Children Act 1989 provides that no one may remove the child from the UK without the written consent of everyone with parental responsibility or the court's permission. The person named as the one the child lives with may take the child abroad for less than one month without that consent, often described as the 28 day rule. Where there is no such order, consent of everyone with parental responsibility is generally needed for any trip abroad, and removing a child without it can be a criminal offence.
For many years, international relocation was approached using guidance from Payne v Payne [2001] EWCA Civ 166, which gave particular weight to the reasonable plans of the parent seeking to move. The Court of Appeal has since emphasised, including in Re F (Relocation) [2015] EWCA Civ 882, that the only principle is the child's welfare, assessed through a holistic evaluation of each realistic option rather than a checklist weighted towards one parent. Internal relocation is approached on the same welfare basis.
Relocation cases are evidence-heavy. The court will want to see a detailed plan covering housing, schooling, work, support networks and how the child's relationship with the other parent will be maintained, as well as the impact of the move on the child. Whether you are proposing the move or opposing it, preparation and presentation of that evidence are central to the outcome.
What Relocation Barristers Do
Court Advocacy
Your Barrister can represent you at:
- FHDRA hearings
- Dispute Resolution Appointments
- Final relocation hearings
- Urgent applications to prevent removal
- Hearings on temporary trips abroad
- Appeal hearings
Legal Advice
Expert guidance on:
- Whether consent or permission is needed
- Strength of a relocation proposal
- Opposing a proposed move
- Internal versus international moves
- Contact arrangements after a move
- Safeguards for return and enforcement
Document Drafting
Barristers can draft:
- C100 applications
- Detailed relocation plans
- Witness statements
- Position statements
- Skeleton arguments
- Draft orders with contact provisions
Your Barrister drafts these documents. You issue them at court and serve them on the other parent.
What You Handle
With Direct Access:
- Researching housing and schools
- Obtaining job offers or employment details
- Gathering travel cost information
- Attending Cafcass interviews
- Serving papers on the other parent
- Paying court fees
How Direct Access Works
- 1
Early Advice
Before committing to a move, take advice on whether consent or permission is needed and how the court is likely to view your plans or your objections.
- 2
Proposal and Mediation
Put a detailed proposal to the other parent. A MIAM is generally required before applying to court unless an exemption applies.
- 3
Application
The application is made on form C100. Cafcass carries out safeguarding checks before the first hearing.
- 4
Evidence and Reports
The court sets a timetable for statements and a detailed relocation plan. A section 7 report is often ordered to address the child's welfare and wishes.
- 5
Dispute Resolution
At the DRA the court reviews the evidence and the report and considers whether the issues can be narrowed or agreed.
- 6
Final Hearing
If the move is still disputed, the court hears evidence from both parents and any report author, then decides on a holistic assessment of the child's welfare.
Does your case qualify for Direct Access?
Tell us about your matter and we'll confirm whether you can instruct a Barrister directly, then match you with the right specialist.
Prefer to talk? Call 0800 302 9921. Lines open 8am to 8pm, same-day callback.
Frequently Asked Questions
Do I need permission to move abroad with my child?
Generally yes, unless everyone with parental responsibility consents in writing. Without that consent you need the court's permission. Taking a child abroad without consent or permission can amount to child abduction, and the other parent may be able to seek the child's return under the 1980 Hague Convention.
What is the 28 day rule?
Section 13 of the Children Act 1989 allows a person named in a child arrangements order as the person the child lives with to take the child out of the UK for less than one month without the other parent's consent. It does not apply if there is no such order, or if a court order says otherwise.
Is Payne v Payne still the law?
Payne v Payne has not been overruled, but the Court of Appeal has made clear that its guidance should not be applied as a rigid test. Since cases including Re F (Relocation) [2015] EWCA Civ 882, the court focuses on a holistic, welfare-based comparison of the realistic options for the child.
Do I need permission to move within the UK?
There is no general requirement to obtain court permission for a move within the UK. However, the other parent can apply to the court, for example for a prohibited steps order, to prevent a move that would significantly affect the child's arrangements, and the court will decide on welfare grounds.
What makes a strong relocation proposal?
A well-researched, realistic plan. That usually means confirmed housing and schooling, evidence of work or financial support, a clear explanation of why the move benefits the child, and a practical, affordable plan for the child to keep a meaningful relationship with the other parent.
How can I oppose a proposed relocation?
Focus on the impact on the child rather than on the inconvenience to you. Evidence of your current involvement, the child's ties to school and family, and weaknesses or gaps in the other parent's plan are all relevant. A Barrister can help test the proposal through cross-examination.
Can the court make a move conditional?
Yes. Where relocation is permitted, the court can set out contact arrangements and may require safeguards, such as undertakings or steps to make the order recognisable in the destination country. The appropriate safeguards depend on the country involved and should be considered early.
Planning or Opposing a Move?
A specialist children law Barrister can advise on your position and represent you at the hearing, on a fixed fee agreed before any work begins.
Or call us: 0800 302 9921. Lines open 8am to 8pm, same-day callback.