Ireland

I want to relocate with my child. Do I need permission?

s. 11
Relevant section
All guardians
Consent required
Outside Ireland
Applies to relocation
Court order
If consent denied
The Short Answer

Yes, if you are a guardian and wish to relocate your child permanently outside Ireland, you generally need the consent of all other guardians — or court permission if consent is refused or unobtainable.

What the Law Says

The Guardianship of Infants Act 1964 sets out the legal rules for decisions affecting children, including relocation. Section 11 is central to this issue.

Under Irish law, any guardian who wishes to move a child permanently outside Ireland must obtain the consent of every other guardian. This applies whether the move is within the EU or to a non-EU country.

If another guardian refuses consent — or cannot be contacted or located — the guardian wishing to relocate must apply to the Circuit Court or High Court for permission. The court will decide based on what is in the best interests of the child.

The law does not define 'relocation' precisely, but courts and legal guidance treat any permanent move outside Ireland as falling under this rule — even if the child would still visit Ireland regularly.

Statutory Text

Where two or more persons have guardianship of an infant, no guardian shall, without the consent of the other or others, remove the infant from the jurisdiction of the courts of the State.

Guardianship of Infants Act 1964, s. 11 — Removal of infant from jurisdiction

What to Do

1

Check whether all other guardians agree in writing to the relocation.

2

If consent is refused or uncertain, consult a family law solicitor about applying to court.

3

File an application in the Circuit Court (for most cases) or High Court (if complex or high-value issues are involved).

4

Prepare evidence showing how the move benefits the child’s welfare, education, and relationship with both parents.

5

Attend court hearings and follow any directions given by the judge.

Sources

Same Question, Other Jurisdictions

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.