If there is a child arrangements order in force (previously known as residence orders) with respect to a child, a parent cannot relocate the child from the Court’s jurisdiction (England and Wales) without the consent of every person with parental responsibility, or without leave of the Court.
Subject to there being no breach of an order regarding contact, a parent with whom the child lives can, however, remove the child/children from the country for up to one month, without the requirement to obtain consent. This enables parents to take their children on holiday.
Any parent intending to relocate must first seek the consent of the other parent. If consent is not given, they should seek an order from the court and not move until such time that the matter has been determined by the court. If the other parent has reason to believe there will a relocation, they can seek a prohibited steps order which can prevent the removal, again until such that that the matter can be determined by the court.
In considering relocation, the child’s best interests will be paramount. Seek legal advice.