Relocation cases are among the hardest a family court decides, because there is rarely a compromise available. A parent who wishes to move a child within Scotland, or abroad, needs the consent of everyone with parental responsibilities and rights, or an order of the court. The test is the welfare of the child.
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Legal review: Brian Rooney, Managing Partner and Law Society of Scotland Accredited Specialist in Family Law. Last reviewed: 20th July 2026.
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Why Instruct Rooney Family Law
Relocation is decided on the quality and realism of the plan put before the court: schooling, housing, support, and how the child’s relationship with the other parent will be maintained. That case has to be built properly.
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The Short Version
When separated parents disagree about a move — to another town, another part of the UK, or abroad — Scots law decides the question on one basis only: what is best for the child. There is no presumption in favour of the parent the child lives with, and no presumption in favour of the parent staying put. This guide explains when consent or a court order is needed, and how the courts approach these decisions.
Moving Abroad: Consent Is Required
Where a child habitually resident in Scotland is to be taken out of the United Kingdom, the Children (Scotland) Act 1995 requires the consent of every person with the relevant parental rights and responsibilities — in most families, both parents. Removing a child from the UK without that consent is not merely a family law problem; it can amount to child abduction, with serious consequences. If the other parent will not agree, the parent wishing to move must ask the court for a specific issue order permitting the relocation.
Relocation questions usually arise against an existing residence or contact arrangement. Our guide to child residence and contact in Scotland sets out the framework the court applies.
Moving Within The UK
A move within the United Kingdom — from Hamilton to Inverness, or from Scotland to England — does not strictly require consent or a court order. But that is not the end of the matter. A parent who objects can ask the court to prevent or regulate the move, and a parent planning a significant move is generally well advised to resolve the question before relocating rather than after. A move made unilaterally, which disrupts a child’s contact with the other parent, rarely impresses a court later.
How The Court Decides
The court’s paramount consideration is the welfare of the child. The Inner House made clear in SM v CM [2011] CSIH 65 that the approach taken in England — where the wellbeing of the relocating parent has historically carried particular weight — has no part in Scots law. The parent seeking to relocate must show two things: that the move is genuinely in the child’s best interests, and that it is better for the court to make the order than to make no order at all.
In practice the court weighs everything bearing on the child’s welfare: the reasons for the move; the practical plans for housing, schooling and family support; the effect on the child’s relationship with the other parent and whether meaningful contact can realistically continue; the child’s own views, which the court must give the child an opportunity to express; and the consequences of refusing the move. Every case turns on its own facts. Well-prepared, realistic proposals — particularly for maintaining the child’s relationship with the parent left behind — matter enormously.
If You Are The Parent Opposing A Move
Act early. Once a move has happened, the court’s starting point is the child’s new reality, and unwinding it becomes harder with every passing month. If you believe a move abroad is imminent and you have not consented, urgent advice is essential — interdict and other protective steps may be available.
Planning to relocate with a child?
Whether you wish to relocate or oppose a move, get accredited advice on relocation cases in Scotland.
Frequently Asked Questions
Do I need the other parent’s consent to move within the UK?
Not strictly — a move within the United Kingdom does not require consent or a court order. But a parent who objects can ask the court to prevent or regulate the move, and it is generally wise to resolve the question before relocating rather than after.
Can I take my child abroad without the other parent’s consent?
No. Taking a child habitually resident in Scotland out of the United Kingdom requires the consent of every person with the relevant parental rights and responsibilities. Without consent, a court order — a specific issue order — is needed, and removal without either can amount to child abduction.
How does the court decide a relocation dispute?
The welfare of the child is the paramount consideration, and there is no presumption in favour of either parent. The parent seeking to move must show that the move is in the child’s best interests and that it is better for the court to make the order than not.
Talk To An Accredited Scottish Family Law Specialist
Rooney Family Law are accredited family law specialists advising across Scotland from our offices in Hamilton and Falkirk. Relocation disputes are among the hardest cases in family law, on both sides. If you are contemplating a move, or facing one, contact us on 0800 779 7848 or enquiries@rooneyfamilylaw.co.uk.
This guide is general information about Scots law, not legal advice about your circumstances.
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Thinking of Moving, or Facing a Move?
Take advice before anything is booked or announced. Free initial telephone call of approximately 10–15 minutes.
