In this episode of LawTorn, Samara Dutton, Partner in the Private Wealth Disputes team at Collyer Bristow, and Philippa Dolan, Partner in the Family team, explore the complex legal issues surrounding relocation disputes involving children after a relationship has broken down.

Responding to a listener’s question, they consider the situation of a mother who wishes to return to her native Italy with her two children following the breakdown of her marriage, but whose husband refuses to consent to the move. The discussion explains why a parent cannot simply relocate with a child without the other parent’s agreement or the court’s permission, and the serious legal consequences of doing so.

The conversation examines how the courts approach relocation applications, with the child’s best interests remaining the paramount consideration. Samara and Philippa discuss the factors judges take into account, including the child’s relationship with both parents, education, healthcare, support networks, and the practical realities of maintaining meaningful contact following a move. They also explain the role of CAFCASS, independent social workers, mediation, and the challenges of resolving what are often highly emotional, all-or-nothing disputes.

The episode also explores the legal distinction between international and internal relocation, including moves within England and Wales, as well as the implications of international child abduction under the Hague Convention. Samara and Philippa discuss how relocation decisions can affect related financial proceedings on divorce and the practical arrangements courts may put in place to preserve a child’s relationship with the parent left behind.

As ever, the discussion reflects on the human impact of these cases, balancing a parent’s desire to rebuild their life with the importance of maintaining a child’s relationship with both parents. The episode highlights the emotional complexity of relocation disputes and why seeking specialist legal advice at an early stage is essential.

This episode provides practical insight into child relocation applications, parental responsibility, international child abduction, the Hague Convention, internal relocation, and how the family courts determine what is in a child’s best interests.

Stay tuned. New episodes of LawTorn are released on the last Monday of each month.

For questions or feedback, please contact us at lawtorn@collyerbristow.com.