Travel and Relocation

This information page provides information on domestic & international travel and relocation. It will provide advice on the circumstances which require consent to be provided in order to travel domestically or internationally with a child and the options available if consent is not provided.

Introduction

This information page explains the general legal situation. In some cases, a court order may include terms that are specific to the case at hand and contradict the general legal position explained below. As a result, consult the court order first (if one is in place), as this will take precedence.

This page describes the legal position on travel and relocation in the UK and outside of the UK according to three common set of circumstances.  

• Scenario 1: I have a special guardianship order, a residence order (granted before 22/04/2014) or I am named as the person with whom the child lives under a child arrangements order. 
• Scenario 2: There is a court order in place that regulates arrangements relating to the children, i.e. special guardianship order, residence order or child arrangements order and I am the non-resident parent. 
• Scenario 3: There is no court order in place that regulates arrangements relating to the children.

Locate the scenario below which applies and the legal position will be explained. 

Scenario 1

I have a special guardianship order, a residence order (granted before 22/04/2014) or I am named as the person with whom the child lives under a child arrangements order.

Domestic Travel (in the UK)

Child Abduction

In terms of abduction law, there is no legal requirement to obtain the consent of all those with parental responsibility before travelling within the UK. This is due to the fact that the criminal offence of abduction refers to the taking or sending of a child outside of the UK without appropriate consent.

Court order regulating arrangements relating to the children

However, in terms of the court order that regulates child arrangements, the situation becomes complicated if the period of travel coincides with the non-resident parent’s court-ordered contact time. Alternative arrangements are expected to be made in order to compensate the non-resident parent for the missed contact. Otherwise, the parent who is left behind may seek enforcement of the court order based on the child not being made available for contact.

Domestic Relocation (in the UK)

Child Abduction

In terms of abduction law, there is no legal requirement to obtain the consent of all those with parental responsibility before relocating within the UK with the child. This is due to the fact that the criminal offence of abduction refers to the taking or sending of a child outside of the UK without appropriate consent.

Court order regulating arrangements relating to the children

However, in terms of the court order regulating child arrangements, the relocating parent is legally required to continue providing court-ordered contact to the non-resident parent. If it is not possible to continue providing the court-ordered contact due to distance, for example, the relocating parent should consider applying for a variation of the court order.

It is also important to remember that relocating is a big step in a child’s life, so it is strongly advised to get the non-resident parent’s permission first. The non-resident parent may apply for a prohibited steps order to prevent the relocation from taking place. In the case of a child being removed to Scotland or Northern Ireland, there is also the option of invoking the High Court’s inherent jurisdiction to secure the child’s return.

Nothing in statute law prevents a parent from relocating from one part of the UK to another without the consent of all those with PR. However, it has been established throughout case law that the correct approach to take in internal relocation matters is to obtain court consent or permission.

Foreign Travel (outside the UK)

There is no legal requirement to obtain the consent of all those with parental responsibility in the case of being the person with whom the child lives under a special guardianship order, as long as the duration of travel does not exceed three months.

There is no legal requirement to obtain the consent of all those with parental responsibility if the person with whom the child lives under a residence order or a child arrangements order is travelling for less than 28 days.

The above exceptions are contained in section 1, sub-section 4 of the Child Abduction Act 1984 and section 13, sub-section 2 of the Children Act 1989 (in the case of a child arrangements order) and section 14C, sub-section 4 of the Children Act 1989 (in the case of a special guardianship order). 

If the duration of travel exceeds three months or 28 days, there is a legal requirement to obtain the consent of all those with parental responsibility or seek court permission (via a specific issue order). If the period of travel coincides with the non-resident parent’s allotted contact time, it is expected that alternative arrangements be made to compensate the non-resident parent for the missed contact.

Foreign Relocation (outside the UK) 

To relocate outside the UK, it is necessary to obtain the consent of all those with parental responsibility or the permission of the court.

Scenario 2

There is a court order in place that regulates arrangements relating to the children, i.e. special guardianship order, residence order or child arrangements order, and I am the non-resident parent.

Domestic Travel (in the UK) 

Child Abduction 

In terms of abduction law, there is no legal requirement to obtain the consent of all those with parental responsibility before travelling within the UK with the child. This is due to the fact that the criminal offence of abduction refers to the taking or sending of a child outside of the UK without appropriate consent.

Court order regulating arrangements relating to the children

In terms of the court order that regulates child arrangements, the non-resident parent does not need the consent of the person with whom the child lives in order to travel within the UK during their allotted contact time with the child. However, in order for the non-resident parent to travel within the UK outside of their allotted contact time, the consent of the person with whom the child lives or the permission of the court is required.

Domestic Relocation (in the UK) 

Child Abduction 

In terms of abduction law, there is no legal requirement to obtain the consent of all those with parental responsibility before relocating within the UK with the child. This is due to the fact that the criminal offence of abduction refers to the taking or sending of a child outside of the UK without appropriate consent.

Court order regulating arrangements relating to the children

In relation to the court order that regulates child arrangements, the non-resident parent would need the consent of the person with whom the child lives in order to relocate within the UK with the child. If the non-resident parent relocates without obtaining consent, they will be in breach of the court order.

Foreign Travel (outside the UK)

There is a legal requirement to obtain the consent of all those with parental responsibility or the permission of the court (through a specific issue order).

Foreign Relocation (outside the UK) 

There is a legal requirement to obtain the consent of all those with parental responsibility or the permission of the court (through a removal from jurisdiction order).

Scenario 3

There is no court order in place that regulates arrangements relating to the children.

Domestic Travel (in the UK) 

Child Abduction 

In terms of abduction law, there is no legal requirement to obtain the consent of all those with parental responsibility before travelling within the UK with the child. This is due to the fact that the criminal offence of abduction refers to the taking or sending of a child outside of the UK without appropriate consent.

However, it would be reasonable to notify the other parent of any plans to travel within the UK. 

Domestic Relocation (in the UK) 

Child Abduction

In terms of abduction law, there is no legal requirement to obtain the consent of all those with parental responsibility before relocating within the UK with the child. This is due to the fact that the criminal offence of abduction refers to the taking or sending of a child outside of the UK without appropriate consent. 

However, it is important to remember that relocating is a significant step in a child’s life, and it is strongly advised that the consent of the other parent be sought. The parent who is left behind may seek a prohibited steps order to prevent the relocation from taking place. In the case of a child being removed to Scotland or Northern Ireland, there is also the option of invoking the High Court’s inherent jurisdiction to secure the child’s return.

Nothing in statute law prevents a parent from relocating from one part of the UK to another without the consent of all those with PR. However, it has been established throughout case law that the best course of action to take in internal relocation matters is to obtain consent from all those with parental responsibility or permission from the court. 

Foreign Travel (outside the UK) 

There is a legal requirement to obtain the consent of all those with parental responsibility or the permission of the court (through a specific issue order).

Foreign Relocation (outside the UK) 

There is a legal requirement to obtain the consent of all those with parental responsibility or the permission of the court (through a specific issue order).

What legal steps can I take if I do not obtain the consent of other persons with parental responsibility?

If you are unable to obtain the consent of other persons with parental responsibility, it is possible to seek the permission of the court.

There is a legal requirement to attempt mediation before an application can be made to court. For more information see our page on Family Mediation.

If mediation fails, depending on the circumstances, a court application for a specific issue order or a removal from jurisdiction order can be made. If you are relocating abroad permanently or for an extended period of time and there is a child arrangements order in place, you will need a removal from jurisdiction order. A specific issue order would be used if you were going on holiday abroad or relocating permanently abroad and there was no child arrangements order in place.

The relevant court form to make an application for a specific issue order would be a C100 form. 

For further information on removal from jurisdiction, please see our How to Guide. 

In what format should consent be provided? 

We recommend that parental consent be written in the form of a letter, signed and dated, and include the contact information for all those with parental responsibility.

It is also worth checking with the travel operator and border control agencies to see if any other forms of proof are required to prove that the child is travelling with the appropriate consent. The type of evidence required varies depending on the destination and how stringent their individual requirements are.

Please keep in mind that some countries have extremely strict visa requirements. We are aware that since June 2015, South Africa has imposed additional requirements when only one parent travels with a child under the age of 18, when a child travels alone, or when a child travels with someone other than their parent(s). For more information see the government South Africa entry requirements page.

For information on other country travel requirements consult the government foreign travel advice page.

What can I do if I do not provide consent but the parent or other person with parental responsibility intends to travels/relocate with the child regardless?

A prohibited steps order can be obtained from the court to prevent a parent or other person with parental responsibility from traveling/relocating with the child.

The application for a prohibited steps order would be made on a C100 form but the applicant is legally required to attempt mediation with the respondent prior to making the application to court. 

Please keep in mind that a prohibited steps order can be obtained to prevent a parent or other person with parental responsibility from travelling or relocating with the child even if they are not legally required to seek consent before travelling or relocating.

View our information page on Abduction which explains the legal position if the child has been taken out of the UK without the required consent. 

What can I do if my child has been taken somewhere within England and Wales and I do not know their whereabouts? 

There is the option of making an application to court for ‘disclosure of a child’s whereabouts’. For further information, please view our page on Locating a child.