Child Abduction and Relocation
If you are divorced or separated and your former partner wants to take your child on holiday or to live abroad or elsewhere in the UK with them, then they are able to do so provided they have obtained consent from the relevant parties and are only away for a limited time period.
Under the Child Abduction Act 1984, it is a criminal offence to take a child abroad without first obtaining the permission of everyone else who has parental responsibility for that child. If you are the parent that the child lives with and there is a Child Arrangements Order-live with or Residence Order in place, then you do not need permission from any other person with parental responsibility for the child to take your child abroad for up to 28 days, however it is still advisable to seek their approval. If you are a Special Guardian for a child, then you do not need permission from any other person with parental responsibility for the child to take the child abroad for up to 3 months.
If you and your former partner cannot agree on holiday arrangements for your child or in relation to your child moving to live abroad or relocating within the UK, then an application for a Specific Issue Order or Prohibited Steps Order can be made to court. The court will regard the welfare of the child as the most important factor and make a decision based on what is in your child’s best interests
If you believe your ex-partner is planning to take your child abroad or elsewhere in the UK without your consent, or they have already done so, or if you want to take your child abroad and your ex-partner does not consent our child care team at Rothera Bray can help. We have considerable experience in advising parents in relation to child relocation and child abduction cases. We appreciate the urgency surrounding these types of situations and will act swiftly and efficiently whilst making sure you understand the complex laws and processes involved.
Why use Rothera Bray for Child Relocation issues?
We are members of the Law Society’s Children Law Accreditation Scheme (also known as the Children Panel).
We can advise on international child abduction cases, including certain arrangements, agreements and International Treaties that apply depending on where your child has been taken.
We can help in both situations where a child has been taken out of the UK and situations where a child has been brought into the UK.
We can assist in putting a Prohibited Steps Order in place to prevent your ex-partner from taking your child out of the country without your permission.
We can assist by applying for a Specific Issue Order if you would like permission to take your client abroad.
We can help with Hague Convention applications.
We can also apply to the court to have your child’s passport or the passport of your ex-partner surrendered.
We can advise you on the different methods available to resolve your situation including alternative dispute resolution and mediation.
We can help you with:
- Prohibited Steps Orders
- Specific Issue Orders
- Hague Convention applications
Send us a message
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We used Rothera Bray for our recent house purchase. Our solicitor Abbey Freeman was absolutely brilliant and we would happily recommend to anybody. She made the entire process so smooth and stress free. Couldn't be happier with the service we received!
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Posted 11 April 2025
I recently had the pleasure of working with Rothera Bray Solicitors during a challenging divorce process, and I cannot recommend them highly enough. Their guidance and support were invaluable, making a difficult time much more manageable. A special shout-out to Rebecca Hudson, my solicitor, who was exceptional throughout the entire process. Rebecca's expertise, compassion, and dedication were evident from our first interaction. She provided clear, practical advice and was always available to answer my questions, no matter how small. Her professionalism and empathy helped me navigate the complexities of divorce with confidence and peace of mind.
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Ann-Marie Bowman
Partner & Chairwoman
Ann-Marie Bowman is Partner and Chairwoman of East Midlands-based law firm Rothera Bray Solicitors. Working from our Nottingham and Derby offices, Ann-Marie remains highly committed to her fee-earning work in Family law, dealing with all aspects of children matters.
David Berridge
Partner
David has over 30 years’ experience practicing Family Law. He is one of the most experienced family solicitors in Leicestershire and deals with a wide variety of matters.
Sarah Gill
Partner
Sarah is an experienced matrimonial and family law solicitor, dealing with children matters including Child Care, Financial issues following separation of married couples and divorce. She undertakes court work in Leicestershire, Northamptonshire & Warwickshire. She is based at our Market Harborough office.
Charley Kelly
Associate Solicitor
Charley is an experienced Family Associate Solicitor who specialises in all areas of Family law. She acts for clients on a wide range of family issues including divorce, financial remedy and children matters. She is based at our Leicester office.
Gurpreet Singh
Associate
Gurpreet Singh is an Associate in Rothera Bray’s Child Care department and is based at our Derby office.
Gabriella Kent
Solicitor
Gabriella Kent is a Solicitor in Rothera Bray’s Family and Child Care department and is based at our Lace Market and Derby offices.
Emily Sherwood
Solicitor
Emily Sherwood is a Solicitor in Rothera Bray’s Family and Child Care department and is based at our Lace Market Nottingham and Derby offices.
Skyler Broadhead
Senior Paralegal
Skyler Broadhead is a Senior Paralegal in Rothera Bray Solicitors Child Care department and is based at our Lace Market and Derby offices.
Hannah Lilley
Paralegal
Hannah Lilley is a Paralegal in Rothera Bray’s Child Care team and is based at our Lace Market and Derby offices. Hannah specialises in care proceedings and private children law matters.
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