When a relationship ends, the hardest part is often working out what happens with the children. As parents, naturally you’ll both want the very best for them — but things can become especially worrying if one parent wants to move away, whether that’s to a new town, another part of the UK, or even abroad.
It’s a question we’re often asked: “Can my ex move my children away?”
...and this article explores what the law says, what the courts consider, and how our Family Law team can help you find a way forward.
What the Law Says
In England and Wales, the law puts the child’s welfare first in every decision.
- Moving within the UK: Technically, a parent can relocate with a child to another part of the UK without permission. But if the move would make it harder for the other parent to see the child, it often leads to disputes.
- Moving abroad: A parent cannot take a child overseas permanently without the other parent’s consent (if they also have parental responsibility), or the court’s permission. Taking a child abroad without consent is considered child abduction — a very serious matter.
How the Court Decides
If you and your ex can’t agree, the court may need to step in. The guiding principle is always: What is in the best interests of the child?
Judges will consider:
- Your child’s wishes and feelings (depending on their age).
- Their physical, emotional, and educational needs.
- The impact of moving — and of staying.
- The ability of each parent to meet those needs.
For relocation cases, the court also looks at:
- How the child will maintain a strong relationship with the parent left behind.
- Practical plans — schooling, housing, family support, finances.
- The motives of both parents.
High-Profile Examples
Even celebrities have faced these tough questions. After her split from Tom Cruise, Katie Holmes’ decision to relocate to New York with their daughter Suri highlighted the challenges of parenting across borders. While their arrangements were made privately, the case drew worldwide attention to the complexities of relocation.
Here in the UK, courts have heard many cases (though most details are kept private for the children’s protection). Each reinforces the same truth: relocation decisions are never about one parent “winning” — they are about what is truly best for the child.
What You Can Do
If you’re worried your ex may move away with your child, or if you’re considering a move yourself, here are some practical steps:
- Keep talking if you can – Open, honest communication can often ease worries and avoid conflict.
- Consider mediation – A neutral space can help parents reach an agreement without going to court.
- Get legal advice early – Whether you want to move or stop a move, early advice can make all the difference.
- Court options:
- To move abroad, a parent must apply to the court if the other parent doesn’t consent.
- To prevent a move, the other parent can apply for a Prohibited Steps Order.
- Child Arrangements Orders can also set out where a child lives and how they spend time with each parent.
How We Can Support You
We know how emotional and overwhelming these situations can be. At Susan Howarth & Co Solicitors, we’ve supported many families through these challenges — always with compassion, empathy, and expertise.
Our Family Law team offers:
- Free initial telephone consultations to talk through your concerns.
- Fixed fee appointments for clear, upfront advice.
- A team who specialise in child law, relocation, and parenting disputes — and who truly understand what you’re going through.
We’ll stand by your side, helping you protect your relationship with your child and ensuring their needs come first.
In Summary
If you’re wondering, “Can my ex move my children away?”, the answer is: not without consent or careful consideration by the court. Every family’s situation is unique, but one thing is certain — your child’s welfare will always be the court’s top priority.
Don’t face these questions alone. Early advice can give you clarity and peace of mind about your options.
👉 If you’d like a confidential chat with our Family Law team, please get in touch today – call 01606 48777.
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