Can I relocate abroad with my child after divorce?

What the Law Says

The law treats moving a child permanently abroad after divorce or separation as a major change to their living arrangements — and it’s not something a parent can do unilaterally.

Under the Children Act 1989, if a child is subject to a child arrangements order (formerly a residence order), a parent with that order must get either the other parent’s written consent or permission from the court before removing the child from the UK for more than 28 days.

Section 13 specifically restricts such relocation: it prohibits taking the child out of the UK without consent or court approval, even if you have day-to-day care. This applies regardless of whether the other parent has contact rights or a formal order.

The court’s main concern is the child’s welfare — it will weigh factors like the reason for moving, the impact on the child’s relationship with the other parent, education, stability, and the child’s own wishes (depending on age and understanding).

Statutory Text

Where a child arrangements order is in force with respect to a child, no person may cause or permit the child to be removed from the United Kingdom for more than 28 days without the written consent of every person who has parental responsibility for the child or the leave of the court.

— Children Act 1989, s. 13 — Removal of child from UK

What to Do

Sources