Can my ex take our child abroad, or move away, without my consent

No, not without either your agreement or a court order. If your child's other parent wants to permanently relocate abroad, or move to a different part of the UK where there's an existing child arrangements order, they need the consent of everyone with parental responsibility, or permission from the court. If they go ahead anyway without consent or a court order, this can amount to child abduction under UK law.

What counts as "parental responsibility" here?

Both parents have parental responsibility if they were married at the time of the child's birth. An unmarried father has parental responsibility if he's named on the birth certificate (for births registered after December 2003), or if he's obtained it through a parental responsibility agreement or court order. If both of you have parental responsibility, both of your agreement is legally required before a permanent relocation.

Does my ex need my permission for a short holiday abroad, or only a permanent move?

This depends on whether there's an existing child arrangements order.

1. If there's a child arrangements order stating the child lives with them, they can usually take the child abroad for less than one month without needing anyone else's consent, though it remains courteous and sensible to inform the other parent.
2. If there's no child arrangements order in place, consent from everyone with parental responsibility is needed for any trip abroad, however short.
3. A permanent relocation abroad always needs consent from everyone with parental responsibility, or a court order, regardless of whether a child arrangements order exists.

What can I do if I think my ex is planning to move without my agreement?

1. Try to get clarity directly, in writing where possible, about their plans.
2. Apply for a prohibited steps order to stop the move going ahead without the court's permission — see our guide on what is a prohibited steps order and a specific issue order. This is the most common route if you're worried about an unauthorised international move.
3. If the move is imminent and there's a genuine risk, you can apply urgently, including on a "without notice" basis in the most serious cases, meaning the order can be made before your ex is even told about the application.
4. For an international move that has already happened without consent, contact a solicitor about your options under the Hague Convention on International Child Abduction, which can help secure a child's return from many (though not all) countries.

What if my ex wants to relocate and is asking for my permission — what will the court consider if we can't agree?

If you can't reach agreement, your ex would need to apply to the court — typically for a specific issue order, using form C100 — asking for permission to relocate. The court's paramount consideration is the child's welfare, assessed against the welfare checklist in the Children Act 1989. In practice, this usually means the court will look closely at:

1. The reasons for the proposed move — for example, a genuine job offer, family support, or a new relationship — weighed against whether the real motivation is to create distance from the other parent.
2. How the relocating parent proposes to maintain the child's relationship with the other parent — including the practicality and cost of future contact, and whether the proposals are realistic rather than vague.
3. The impact on the child of the move itself, including their age, schooling, friendships, and wider family relationships.
4. The impact of refusing the move on the relocating parent and, in turn, on the child, if that parent would be left feeling trapped or unsupported.

Courts previously leaned towards permitting relocation where the primary carer wanted to move, but case law since 2011 has placed greater emphasis on the child's welfare specifically, rather than defaulting to the primary carer's wishes.

What if my ex wants to move within the UK, not abroad?

There's no automatic legal requirement to get consent from everyone with parental responsibility before relocating within the UK — this is different from an international move. However, if there's a child arrangements order in place, the relocating parent must still continue to make the child available for the contact the order specifies. If a move within the UK would make that impossible, either parent can apply to vary the order, or the other parent can apply for a prohibited steps order or specific issue order if they believe the move genuinely isn't in the child's interests.

What if my ex has already taken our child abroad without my consent?

This is a genuine emergency and you should seek legal advice immediately. Depending on the destination country, an application under the Hague Convention may be available to secure the child's return, provided you apply promptly — courts must order a child's return if an application is made within 12 months of a wrongful removal, in most Hague Convention countries. You may also want immediate advice on a prohibited steps order or, in the most serious cases, involving the police where a criminal offence of child abduction may have occurred.

Working out what's actually allowed, and what to do quickly if you're worried about an unauthorised move, is difficult to navigate alone under time pressure. Access to Justice is built to help you understand your options clearly and prepare what you need. Try it free.

Frequently asked questions

Does my ex need my consent for a holiday abroad if we're not married and he's not on the birth certificate?

If the father doesn't have parental responsibility, his consent is not legally required, though it remains good practice to keep him informed. Only those with parental responsibility have a legal say in this decision. An unmarried father named on the birth certificate for a birth registered after December 2003 does have parental responsibility.

What is a "leave to remove" application?

This is another common term for a specific issue order application specifically about permission to relocate a child abroad. It follows the same C100 process as other Children Act applications. The court's paramount consideration is the child's welfare, assessed against the welfare checklist in the Children Act 1989.

Can grandparents or other relatives stop a relocation?

Only if they have parental responsibility or a relevant court order in respect of the child, such as a child arrangements order naming them, or a special guardianship order — see our guide on what is special guardianship and how does it differ from adoption.

Is it a criminal offence to take a child abroad without consent?

It can be, under child abduction law, if it's done without the required consent or a court order and there's an existing child arrangements order or ongoing family proceedings. This is a serious matter and you should get legal advice urgently if you're concerned this may apply to your situation.

How long does a relocation application usually take?

This varies significantly depending on complexity and whether the case is contested, but it is rarely fast — courts want to see a well-prepared, realistic plan before permission is given, which takes time to put together properly. A vague proposal for maintaining the child's relationship with the other parent is unlikely to succeed.

Can I stop my ex moving to a different city in England, not abroad?

It's possible, using a prohibited steps order or specific issue order, but the legal bar is generally understood to be lower for UK relocations than international ones, since there's no cross-border enforcement issue at stake. If there's a child arrangements order in place, the relocating parent must still make the child available for the contact it specifies.

What if my ex and I both agree to the move?

If everyone with parental responsibility agrees in writing, there's no need to involve the court at all — a written, signed agreement (sometimes alongside a parenting plan setting out future contact) is sufficient, though it's worth remembering this agreement isn't legally binding in the same way a court order is.

This article provides legal information about child relocation in England and Wales. It does not constitute legal advice. For advice about your specific situation, speak to a qualified solicitor.