Relocating Within The UK As A Single Parent

If a single parent wants to relocate within the UK, they do not require the consent of either the other parent or the court. If, however, one parent opposes the other's plans to relocate, either parent could make an application to the court.

The parent wishing to move would apply for a specific issue order and the parent wishing for the other to stay would apply for a prohibited steps order (prohibiting them from moving) or a Child Arrangements Order (setting out terms of residence and contact).

Below is a short summary of the relevant case law and the principles the court must apply in determining both internal (i.e. within the UK) and external (i.e. international) relocation cases.

If you wish to make or oppose an application of this nature then we can help, from providing the initial advice, guiding you through the Court process and presenting your case in the strongest possible way.

Welfare of the child

Historically, internal relocation cases and external relocation cases had been kept separate and courts appeared to approach them differently, but the Court of Appeal has made it clear in the case of Re C1 that there is no difference in the basic approach between the two. The decision in either type of case hinges ultimately on the welfare of the child, as this is the court's paramount consideration and the governing principle in these types of cases.

The wishes, feelings and interests of the parents and the likely impact of the decision on each of them are of great importance, but only in the context of evaluating and determining the welfare of the child.

Exceptional circumstances

Despite the court appearing to suggest that a relocation request would be refused only where there were exceptional circumstances in a separate case,2 the court in the case of Re C confirmed that there is no rule that moving a child within the UK could only be prevented in exceptional cases. Whilst a court would be resistant to prevent a parent from exercising their choice as to where to live in the UK unless the child's welfare required it, that was not because of an exceptionality rule, but because the welfare analysis led to the conclusion.

Important factors

In either type of relocation case, a judge is likely to find helpful some or all of the considerations referred to in Payne v Payne,3 but not as a prescriptive blueprint, rather and merely guidance as to the sort of factors which might need to be weighed in the balance when determining which decision...