27 Nov 2025
By Sonja Kidd, Associate, Family Law, Gilson Gray
Following the breakdown of a relationship, the issue can sometimes arise that one parent wishes to move elsewhere with the child, within the country or even outside of the United Kingdom. Often this is due to the parent wishing to return to their home country, to be closer to their support network or wanting to relocate for an employment opportunity. These cases are referred to as relocation cases.
The Children’s (Scotland) Act 1995 states that a child who is habitually resident in Scotland can only be removed from the United Kingdom with the consent of anyone who has the right to exercise contact with the child or to regulate the child’s residence. One parent cannot unilaterally relocate with the child to another country without consent from the other parent. There is no legal requirement for consent when relocating within the United Kingdom, however the opposing parent can apply for an Interdict to prevent the move.
Where parents disagree and cannot reach a compromise in these situations, it will be necessary for either the Court of Session or the Sheriff Court local to where the child lives to make that decision for them. The granting of a relocation order is entirely at the discretion of the Court. When making their decision, the Court will consider the rights of the non-relocating parent, the child’s relationship with both parents and the potential impact on the child’s welfare. The paramount consideration being the best interests of the child. The relocating parent must demonstrate why the move is in the child’s best interest. The child’s views will also be taken into account, where the child is of an appropriate age and maturity. The Court will consider the relocating parent’s reason for wishing to relocate, the reasonableness of the non-relocating parent’s opposition to the move, the effect on the child’s relationship with both parents and the practicalities of relocating. The relocation must be well prepared and the Court will generally want to ensure that there is adequate accommodation, education, care arrangements and medical facilities. It will be important for the relocating parent to satisfy the Court that the proposed move has been well thought out and that this decision has not been made on a whim.
The Hague Convention on the Civil Aspects of International Child Abduction (1980) is an international treaty designed to protect children from being unlawfully removed or retained across international borders by a parent. Where one parent relocates with a child to another country who is a signatory to the Convention without the consent of the other parent or without a court order, such removal may be considered wrongful. In these circumstances, the Convention provides a mechanism through which the child can be returned promptly to their country of habitual residence, allowing the courts there to determine any ongoing issues of custody or residence.
The relocation of children is a particularly sensitive area of family law. It is the Court’s role to balance the competing interests and wishes of separated parents and to determine whether the proposed relocation is in the best interests and welfare of the child, which remains the Court’s paramount consideration
If you are considering relocating with your child, or if you wish to oppose a proposed relocation, please contact one of our Family Law solicitors. Our experienced Family Law Team has extensive expertise in guiding clients through complex and sensitive child relocation and contact disputes, and we would be happy to discuss your situation and outline the options available to you.
