Jurisdiction(s):
United Kingdom

Relocating children abroad: leave to remove applications, objections, evidence and judicial welfare checklist (England and Wales)

Published by a LexisNexis Family expert

Precedents

This note provides general guidance about applying for permission to remove children from the jurisdiction on a permanent basis. It concerns applications for leave to remove children permanently from the jurisdiction. Your family solicitor can give tailored advice that reflects your particular situation and circumstances.

Can I move to live abroad with the children?

If you are separated or divorced and wish to relocate overseas permanently with your children, you must secure written consent from the other parent and/or anyone else who holds parental responsibility for the child before relocating. Where the other parent refuses consent, you may ask the court for permission; this is referred to as a leave to remove or relocation application.

Making an application to court

If agreement about the children’s place of residence cannot be reached, you can apply to the court for an order. Before issuing proceedings, the rules governing these applications require you to attend a meeting with a mediator to explore whether mediation is appropriate instead of going to court. This obligation does not apply if an exemption is available, including issues relating to the child’s safety, domestic violence, or urgency (what is regarded as urgent is defined in the rules)...

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Web page updated on 22/05/2026

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