When parents separate, questions around relocation can become a source of conflict—especially if one parent wishes to move away. If you find yourself in this position, you may be asking: Can my ex-partner stop me from moving away with the children? Below, we look at the legal considerations within England and Wales, what factors courts evaluate, and how you can seek professional support.

Considering a Move After Separation

Life Beyond Separation

When families break down, individuals often need to rebuild their lives. This can mean relocating for a new job, moving closer to family for support, or simply seeking a fresh start. However, when children are involved, it’s essential to understand how the law protects their welfare and how it might affect your plans.

Primary Carer vs Non-Resident Parent

If the children live predominantly with one parent (the primary carer), and the other parent (the non-resident parent) has contact, it’s easy to assume the children will naturally move with the primary carer. But this assumption can be challenged, as the non-resident parent has rights and responsibilities too

Legal Framework: Moving Away Within England & Wales

No Fixed Distance Restrictions

There’s no set distance beyond which you automatically cannot move. Moving one hour, two hours, or even further within England and Wales follows the same legal principles. The primary concern isn’t mileage—it’s the impact on the children’s well-being and the right of both parents to maintain a relationship with them.

Court Considerations

If your ex objects to your move and you cannot reach an agreement, you may end up in court. A judge typically considers:

• The child’s best interests—including their need to maintain a stable routine, schooling, and ongoing relationships.
• The impact on the parent who wishes to relocate if they’re refused.
• Contact arrangements—how the children will continue to see the non-resident parent.

These and other factors help the court decide whether to grant or deny permission for the relocation.

What If Your Ex Wants to Move the Children Away?

Can You Prevent Relocation?

If you’re the non-resident parent and your ex-partner proposes moving away—perhaps hours from your current location—you can challenge this if you feel it harms your contact with the children. The court will again weigh each party’s views and the children’s interests before deciding.

Communication and Mediation

Before going to court, try to talk with your ex-partner about possible alternatives—maybe a revised schedule for school holidays, or flexible weekend visits to accommodate travel. Mediation can also help find workable compromises without the financial and emotional cost of court proceedings.

Finding a Specialist Family Lawyer

Professional Guidance

Questions about relocation after divorce can be complex, with multiple legal and emotional layers. At HM & Co. Solicitors, our team is experienced in child relocation cases, offering empathetic, informed advice.

Make a Confidential Enquiry

• Need permission to move away with your child?
• Hoping to prevent your ex-partner from moving far with the children?

We can discuss your circumstances and advise on your next steps.

HM & Co. Solicitors
186 Lower Road
Surrey Quays
London SE16 2UN

Telephone: 02071128180
Email: info@hmsolicitorsltd.com

Takeaway: While there’s no strict limit on how far you can move within England and Wales, the courts prioritise the children’s welfare and both parents’ rights to maintain a meaningful relationship with them. If you’re considering relocating—or trying to stop an ex-partner from doing so—seek expert legal guidance to ensure you and your children receive the best possible outcome.