External relocation: procedure for permanent removal of a child from England and Wales—consent, Children Act 1989 ss 8/13, FPR 2010 process, case law and required forms

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Removing a child from the jurisdiction

Taking a child out of the jurisdiction without the necessary consent(s) can constitute an offence under the Child Abduction Act 1984 (CAA 1984). Refer to the Practice Note titled: Child abduction—criminal action and electronic tagging.

Where there is no existing child arrangements order (CAO) in force regulating the child’s living arrangements, the requisite consent must be obtained in advance of removing the child from the jurisdiction from the following:

each person with parental responsibility
the father (whether or not he has parental responsibility for the child)

Failure to do so creates a risk of breaching CAA 1984 and/or the Hague Convention on Civil Aspects of International Child Abduction.

If a CAO is in place regulating the child’s living arrangements, section 13 of the Children Act 1989 (ChA 1989) provides that a child may not be removed from the UK without either the written consent of every person with parental responsibility or the court’s leave. Such consent must be clear and unequivocal, provided in writing, from each and every person with parental responsibility...

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Web page updated on 20/05/2026

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