You’ve packed up your home and all your belongings; you have the tickets and the visas… but have you got the other parent’s consent?
There is a lot to take into account when planning a move abroad, and as a separated parent you need to have the permission of the other parent, it is a criminal offence to relocate the children without this.
Moving home in itself is up there with one of the most stressful events in a person’s life, especially with children in tow! With a move abroad, there is even more to consider and can be a daunting task. That is without factoring in reaching an agreement with your ex-partner. Your plan for relocation will need to be well thought out, and most importantly in the children’s best interests.
If an agreement cannot be reached, having exhausted the non-court dispute resolution options available, the relocating parent can make an application to the court for permission to relocate. The recent case of M (applicant) v F (respondent) M (applicant) v F (respondent) [2025] EWFC 23 (B) highlights the pitfalls of proceeding with an application for permission to relocate with the children.
M (applicant) v F (respondent)
In this case, the mother sought to move to the USA with the parties two children (aged 11 and 8). The mother being from the USA.
The father resides in Germany, having regular and consistent contact with the children.
The mother sought to relocate to Florida, after receiving news about her parents’ health. The father disputed a permanent move, instead seeking a compromise. An agreement could not be reached and both the mother and father filed applications with the court in July 2024.
The Mother was ordered to handover the children’s passports and prevented from relocating with the children without permission. An Independent social worker reported to the court their recommendations, agreeing that the children should remain in the UK.
The court ultimately refused the mother’s application, to relocate to the USA, citing that the mother’s proposals for continuing contact with the father were impractical and unworkable. The Court considered it was not in the children’s best interests, noting the father’s important role in the children’s lives.
Considerations for relocation
When considering relocating with the children, it is vitally important for separated parents to obtain the consent of the other parent. If consent cannot be obtained, an application to the court would be required to seek permission to relocate with the children. As M (applicant) v F (respondent) highlights, a well thought out plan that prioritises the children’s welfare is key to a successful application.
If you are considering a move, or if a dispute over the move has already arisen, please contact Rayden Solicitors to speak to one of our family law experts and for further information on any of the topics raised in this blog.
