Internal Relocation Is Not the Same as International Removal
Moving within the United Kingdom with a child does not constitute a criminal offence under the Child Abduction Act 1984 in the way that international removal does. However, internal relocation can still be unlawful where it is in breach of a child arrangements order, where it frustrates the other parent's contact, or where it is done without the other parent's consent in circumstances where that consent is required.
The family court takes internal relocation seriously. A parent who moves a child far away -- whether from London to Edinburgh, from Bristol to Belfast, or from one English city to another -- in a way that fundamentally undermines the other parent's relationship with the child may face legal action and an order requiring them to return.
When You Need Permission to Relocate Within the UK
If there is a child arrangements order that the child lives with you, you do not automatically have the right to move anywhere in the UK. The question is whether the proposed move would interfere with the other parent's contact or parental responsibility rights to such an extent that it requires either consent or a court order.
A move from one side of a city to another is unlikely to require formal consent. A move from England to Scotland, or from England to Wales, is a different matter -- particularly where the other parent has regular contact that would be significantly disrupted. The further the move and the greater the impact on contact, the more likely you are to need either the other parent's agreement or a court order.
If there is a court order specifying contact arrangements that the proposed move would make impossible or impractical to comply with, you cannot simply move and expect the order to be varied by default. You must apply to the court to vary the order before moving.
Scotland and Wales -- Jurisdiction Considerations
Moving a child from England or Wales to Scotland raises particular considerations because Scotland has a separate legal system. Child law in Scotland is governed by the Children (Scotland) Act 1995, not the Children Act 1989. English court orders may not be directly enforceable in Scotland without registration, and the Scottish courts may have jurisdiction over the child once they are habitually resident there. A parent contemplating a move to Scotland should take specific advice before proceeding.
Wales is within the same legal jurisdiction as England and governed by the same legislation. A move within England and Wales to another part of Wales does not raise the same cross-jurisdiction issues, though the practical impact on contact still needs to be considered.
The Court's Approach to Internal Relocation Applications
Where a parent applies to the court for permission to relocate within the UK, the court applies the welfare checklist under section 1 of the Children Act 1989. The child's welfare is the paramount consideration. The court weighs the benefits of the proposed move -- for example, better employment prospects for the primary carer, proximity to family support, better housing -- against the impact on the child's relationship with the non-moving parent.
The court will consider whether the proposed move is genuine and whether realistic contact arrangements can be put in place post-move. A parent who proposes to move in a way that would effectively eliminate the other parent from the child's life will face a very high hurdle. A parent who presents a realistic and workable contact plan, demonstrating commitment to the child maintaining a relationship with both parents, is in a much stronger position.
What to Do If the Other Parent Is Planning to Move Without Your Consent
If you believe the other parent is about to relocate with your child in a way that will undermine your relationship with the child, apply to the family court urgently for a prohibited steps order preventing the move. This can be done without notice if the situation is urgent enough. Once a prohibited steps order is in place, the other parent cannot relocate pending a full hearing.
If the other parent has already moved, apply to the court for an order requiring them to return with the child to the original area, and for the existing contact arrangements to be reinstated. Courts are willing to make such orders where the move was taken without consent and in disregard of the other parent's rights.