What do I need to know if I want to relocate with children?

When parents separate, often the most stressful part of that process is agreeing arrangements for the children. This can be more difficult to achieve if one parent wishes to move away with the children. This could be a move within Scotland, or the UK, or to a different country.

Relocation will almost always have an impact on how often the children see the parent being left behind. Therefore, these situations can be sensitive and emotionally charged; with the parent being left behind sometimes refusing to agree to the move.

Early advice for relocation with children

The legal position on relocation is set out in the Children (Scotland) Act 1995. It states that anyone holding parental rights and responsibilities, must provide their consent to the move.

It is a good idea to for a parent wishing to relocate to seek legal advice at an early stage of the process. A well thought out plan for the relocation and what this will look like, can sometimes result in the other parent being more willing to allow the move.

In some situations, it might even be possible to have input from the other parent. This could be achieved through traditional negotiation between lawyers, or by discussing the issue of relocation at mediation. If the parent being asked to consent is involved in discussions about the move, it can reassure them that their relationship with their children can be maintained.

What if the other parent will not consent to the move?

It is not uncommon, in these tricky situations for the other parent to withhold consent. In these scenarios, the parent wishing to move will have to apply to the court for a specific issue order allowing them to relocate.

When the court is asked to make any decision in relation to a child, the paramount consideration is the welfare of the child. The court will not grant an order for relocation unless they are persuaded that it is in the child’s best interest to do so. The law also provides that the child must have an opportunity to express their views on the proposed move.

What will the court consider in making its decision?

There have been many reported cases dealing with the matter of relocation. Whilst these decisions are helpful, each case turns on its own facts and it is difficult to predict what decision will be reached by the court.

The onus is on the parent looking to move to persuade the court that it is in the child’s best interests. Again, this is where a carefully thought out and child focussed plan for relocation at an early stage is key.

The court will want to hear that the parent looking to move has researched the move thoroughly and that they are committed to maintaining a relationship between the child and the other parent.

Typically, they must satisfy the court that they have researched nursery, schooling and housing provision for the children. Maintenance of any hobbies or extra-curricular activities that the children attend should also be considered.

If the child has any medical needs, or additional support needs, provision of support in the new location should also be considered.

They should also have a clear proposal for contact arrangements during term time and or holiday periods with the other parent. The practicalities of travel arrangements and the costs involved in maintaining contact should also be considered.

In addition, thought should be given to the maintenance of other important relationships, such as those with extended paternal and maternal family members.

The child’s views on the move will also be a factor taken into consideration by the court.

The recent decision of CO v TL [2025] SAC (Civ) 20, highlights that relations between the parents is relevant. The appeal court in this case considered it important to consider the parents’ likelihood to be able to co-operate with one another when residing in different countries.

Often parents’ positions remain very far apart on the issue of relocation and these cases may proceed to all way to proof (an evidential hearing). A proof is a hearing assigned in a civil case, where evidence is heard by the Sheriff from the parties and their witnesses. A final decision is then made either permitting or refusing relocation.

By their nature, relocation cases are stressful whether you are the parent wanting to relocate, or the parent opposing that relocation. Early advice is recommended to navigate this challenging and sensitive matter. For more information, please get in touch with one of our family lawyers.