Relocating with Your Child? Plan Thoughtfully

Serena Sandhu

Planning to relocate with your child? Your case depends on a child‑focused, realistic plan

Re Simon [2025] EWFC 249 highlights the critical importance of having a well-thought-out, child focused plan which allows the child to maintain a meaningful relationship with the other parent when it comes to relocation.

It is also well established that you need permission to relocate a child abroad from every person who has parental responsibility for them, or alternatively you need an order from the Family Court.

But what happens when one parent wants to relocate for a better job and life, but the other parent strongly objects to the child relocating because they, understandably, want to stay close to them. Whose wishes should prevail, and how will the Court decide?

This was the issue in Re Simon (2025] EWFC 249. This case offers a helpful reminder of the Court’s approach to relocation.

What happened in this case?

Jane, the mother, wanted to relocate abroad, with her 13-year-old son, Simon from London to Dubai. She had secured a “once-in-a-lifetime” job there, and was planning to marry her partner, who lived and worked there. Simon had visited Dubai on several occasions and had a good relationship with his mother’s partner.

Simon lived in London with his mother, but saw his father regularly, spending every third weekend and half the holidays with him, his new wife and their children.

When Jane told the father that she wanted to relocate with Simon, he refused consent. He was concerned their relationship would suffer and was concerned about the practical difficulties of maintaining contact with Simon if he were to be based in Dubai.

Unfortunately, there is little room for compromise in cases like this—you cannot “half relocate” and you either move or you do not. This matter went before the Court to determine whether a move would be in Simon’s best interests.

What did the Court decide?

There was no risk of child abduction in this case—the judge was satisfied that contact arrangements would be honoured and both parents clearly wanted to make the relationship work. The question was whether relocating to Dubai would be best for Simon.

To answer this question, the Court looked at each of the options available for Simon’s future alongside the welfare checklist in the Children Act 1989, which sets out guidelines judges use whenever they are asked to decide what is in the best interests for a child, looking at things like the child’s education, housing, routines, wishes and feelings, and how the child’s relationship with both parents would be affected.

After reviewing all of these factors, the judge found:

• Simon had a loving and beneficial relationship with both parents, and the mother’s reasons for the move were genuine.
• The mother had created comprehensive, child-centered proposals for Simon’s schooling, healthcare and housing in Dubai, and for generous contact with his father. Her plan included extended visits to the UK during school holidays, regular video calls, and visits from the father. The proposal would result in Simon seeing his father on much the same frequency as their current arrangements.
• The Court acknowledged that Simon’s half-siblings may be in school when Simon visited due to different term times, but did not feel this would have a significant impact on the half-sibling relationship.
• At age 13, Simon expressed nuanced feelings about the move; he liked his life in England but saw positives in Dubai, including the lifestyle and forming a family unit with his mother’s partner. The Court gave his views “due weight” but pointed out that as Simon gets older, friendships with peers will naturally start to matter more than time spent with family, no matter where he lives.
• Balancing the risks and benefits, the Court decided the move would give Simon stability, security and opportunities, while still maintaining a meaningful relationship with his father. The mother was permitted to relocate Simon to Dubai under the detailed arrangements she proposed.

What does this mean for families?

The Court made it clear that relocation is not about removing a parent from the child’s life, and any attempt to do so would be bound to fail. Here, the Judge was impressed with the mother’s thoughtful and well-researched plan which clearly provided Simon with all the opportunities he needed to thrive, while keeping his relationship with his father strong.

How can we help?

If you require any legal advice in respect to international relocation or any other issues involving your child, then our specialist family law team, including Resolution and Law Society Accredited children and family law specialists are here to offer support and guidance. In some situations, we can offer legal aid. If you need advice, please contact our private children law team by:

• Filling in our online enquiry form; or
• Calling us on 020 7485 8811