Can I Relocate With My Child After Separation? The Scottish Rules

Few family law issues are as fraught as relocation: one parent wants to move away with the children — for a new job, a new relationship, to be near family, or a fresh start — and the other parent objects because it would reduce their time with the children. Scots law has a clear framework for these disputes, and it rests, as always, on the welfare of the child.

You usually cannot simply move

If the other parent has parental responsibilities and rights, you generally cannot relocate with the child in a way that disrupts the other parent’s relationship without either their consent or an order of the court. This applies most obviously to a move abroad, but it can also apply to a significant move within Scotland or elsewhere in the UK if it would substantially affect the other parent’s contact. Moving without consent or a court order where the other parent objects can have serious legal consequences, so advice should be taken before any move is made.

How permission is decided: the welfare test

Where the parents cannot agree, the parent wishing to move applies to the court — typically for a specific issue order under section 11 of the Children (Scotland) Act 1995, the same provision that governs residence and contact. The court decides using the welfare principle: is the proposed relocation in the best interests of this child? The child’s welfare is paramount, the court will only make an order if it is better than making none, and the child’s own views are taken into account according to age and maturity.

What the court weighs

There is no presumption for or against relocation — each case turns on its facts. Among the many things a court may consider are:

• The genuineness and reasonableness of the reasons for the proposed move;
• The effect of the move on the child’s relationship with the parent left behind, and whether workable contact can be maintained;
• The practical plans for the child in the new location — home, schooling, support network;
• The likely impact on the child of allowing, or refusing, the move — including the effect on the relocating parent (and therefore indirectly on the child) if a move central to their wellbeing is refused;
• The child’s own views, in light of their age and maturity;
• How contact would realistically work over the new distance.

These cases are genuinely difficult and their outcomes hard to predict, precisely because they often involve two reasonable positions that cannot both be accommodated.

The distance factor in Scotland

Scotland’s geography adds its own dimension. Contact arrangements that assume both parents live in the same city look very different when one parent moves from, say, the central belt to the Highlands and Islands, or overseas. Courts and solicitors experienced in Scottish relocation cases are used to crafting contact arrangements that account for real travel distances, school terms, and the practicalities of rural and remote life.

Try to agree if you can

As with all children’s matters, agreement is preferable to litigation where it can be reached safely. Mediation or collaborative discussion can sometimes produce creative solutions — extended holiday contact, shared travel, technology to keep in touch — that a court battle cannot. But where agreement is impossible, the court is there to decide, always through the lens of the child’s welfare.

Relocation disputes are among the most complex in family law — specialist advice is essential. Our city guides profile firms experienced in relocation cases across Scotland.

Disclaimer: This article is general information about the law in Scotland and is not legal advice. It may not reflect the most recent changes in the law. Always consult a qualified solicitor about your own circumstances.