If you are a parent in London thinking about starting again in another country, or you have just been told that your ex wants to move the children overseas, the ground can feel very unsteady very quickly. Taking a child abroad after divorce is one of the few decisions in family law that one parent simply cannot make alone. London has a high proportion of families with roots, jobs or grandparents in another country, so this question comes up here more than almost anywhere else in England and Wales.
This guide explains what the law actually says about taking a child abroad after divorce, how relocation with children in the UK is decided, what a judge weighs up before allowing or refusing a move, and the practical steps for making or opposing an application. The law described is that of England and Wales.
What “leave to remove” means, and when you need it
When people talk about taking a child abroad after divorce, this is usually the process they mean. Leave to remove is the older name for what lawyers now call external relocation: permanently moving a child out of England and Wales, for example from Islington to Manchester, and which does not normally need anyone’s permission.
To move abroad with a child, you need either the written agreement of everyone who holds parental responsibility for that child, or an order from the family court. There is one narrow exception. If a child arrangements order says the child lives with you, you may take them out of the UK for up to 28 days without asking anyone. That covers a summer holiday, not a permanent move.
This matters enormously, because taking a child out of the UK without consent or a court order can amount to child abduction, which is a criminal offence as well as a family law problem. If you are unsure whether your situation counts, get advice before you book anything. Section 13 of the Children Act 1989 sets out the rule on removing a child from the jurisdiction.
What the London family courts weigh up
There is no checklist that a moving parent can simply tick. When a judge decides an application about taking a child abroad after divorce, the single guiding question is what is best for the child, and everything else sits underneath that. The judge looks at the realistic options in front of the family, such as the child staying in London or the child moving abroad, and compares them against the welfare checklist in the Children Act.
Older cases were sometimes read as leaning towards the parent doing most of the day to day care. The Court of Appeal has since made clear that no such presumption exists. Each case turns on its own facts, and the parent who moves is not given a head start.
In practice, judges in London tend to look closely at:
- How well researched the plan is. Where exactly would the child live, which school would they attend, what is the immigration or visa position, what would the household income be, and how would healthcare work?
- The motivation behind the move. A move driven by a genuine job offer, family support or a return home reads very differently from one that looks designed to cut the other parent out.
- What contact would realistically look like. Vague promises are not enough. Courts want detail on flights, who pays for them, school holidays, video calls and time zones.
- The effect of refusal on the applying parent, and how that would in turn affect the child.
- The child’s own wishes and feelings, given more weight as they get older.
- Whether the order could be enforced abroad. If the destination country is party to the Hague Conventions on child abduction and parental responsibility, a judge will worry less. If it is not, that is a serious concern, and mirror orders in the destination country may be asked for.
Where the family has an international element, questions about which country’s courts should deal with the divorce itself can run alongside the children question. Our archive posts on divorce jurisdiction in the UK and on whether an overseas divorce is valid in the UK cover that ground.
How to apply for permission to move abroad with a child
There is no dedicated form for taking a child abroad after divorce. The application is made on form C100, asking for a specific issue order, or for permission under an existing child arrangements order. The court fee is £270 as of July 2026, following the fee rise on 13 July 2026 (Ministry of Justice).
Before you can apply, you will almost always need to attend a Mediation Information and Assessment Meeting, unless an exemption applies. Our guide to what a MIAM is and whether you need one before court explains the exemptions. Since April 2024 the court also expects both parents to set out their position on resolving matters away from court, so a blank refusal to consider mediation is noticed.
Most London cases are issued at the Central Family Court at High Holborn, though depending on where you live it may be listed at another hearing centre such as East London, West London, Croydon or Barnet. Expect a Cafcass officer to be involved and, in a contested relocation case, a welfare report. Realistically, a contested application takes somewhere between six and twelve months from issue to final hearing, sometimes longer where a report is ordered and international evidence is needed.
How to oppose an application
If your ex has applied for permission, opposing an application about taking a child abroad after divorce is rarely won with a flat “no”. Courts respond better to a parent who engages with the detail and shows what the child would lose.
Focus on the practical gaps. Has the schooling actually been researched or just named? Is the housing affordable on the stated income? Does the contact proposal survive contact with reality once you factor in flight costs, term dates and the working week? Set out clearly what your current relationship with your child looks like, week by week, and what would realistically replace it.
It is also worth putting forward safeguards rather than only objections, such as a mirror order in the destination country, undertakings about returning the child, an agreed contribution to travel costs, and a fixed contact schedule attached to the order. A parent who has thought about how a move could be made to work, if the judge allows it, tends to be heard more sympathetically than one who has only said no.
Editor’s Note, 2026
This article is part of an archive preserved from the original Law Firm London website. Law Firm London has joined London Mediation Service and no longer takes on new instructions under this name.
For up-to-date family mediation and divorce help in London, please visit London Mediation Service.
Agreeing a move without a judge: mediation in London
Relocation cases are among the most expensive and slowest disputes the family court deals with, and one parent usually walks away deeply unhappy with the result. Where it is safe and appropriate, working it out between yourselves is normally quicker, less stressful and far less expensive than a contested hearing.
Mediation is more useful here than people expect, because the argument is rarely only about geography. It is about school holidays, flight costs, how a child will see a grandparent in London, and who pays for what. Those are exactly the details a mediator can help two parents pin down, and any agreement can then be turned into a consent order so it is binding. You can read more about how family mediation in London works, or look at the family mediation services offered across London, with offices in Waterloo, St Pancras and Sutton.
Common questions about taking a child abroad after divorce
Can I take my child abroad on holiday without the other parent agreeing?
Only if a child arrangements order says the child lives with you, and only for up to 28 days. Otherwise you need the consent of everyone with parental responsibility, or the court’s permission.
Does it matter which country we are moving to?
Yes. Courts look at whether an English order would carry weight there, and whether the country is signed up to the Hague Conventions. A move to Ireland or Australia raises different questions from a move to a country with no reciprocal arrangements.
My child is 14 and wants to go. Does that decide it?
It does not decide it, but it carries real weight. The older and more mature the child, the more seriously their views are taken.
Can I apply after we have already divorced?
Yes. Children applications are separate from the divorce itself and can be made at any time while the child is under 16, or under 18 in limited circumstances.
Where to start
Taking a child abroad after divorce is decided on the detail, not on the principle. If you are the parent hoping to move, build the plan before you build the application, because a well evidenced proposal is what persuades a court. If you are the parent staying in London, respond in detail rather than in principle, and put forward the safeguards that would protect your relationship with your child. Either way, the first practical step for most families is a MIAM, which you need before court in any event and which may show you a faster route than a contested hearing.
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