Child Abduction and Relocation
Taking your child away from their home
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. But they must have obtained consent from the relevant parties and can only be 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.
Do I need permission?
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.
How do I stop my ex taking my child away?
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 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 child 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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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 law.
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Gabriella Kent is a Solicitor in Rothera Bray’s Family and Child Care department and is based at our Nottingham Lace Market office.
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Skyler Broadhead is a Managing Paralegal in Rothera Bray Solicitors’ Child Care department and is based at our Lace Market and Derby offices.
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Paralegal
Lucy Famakinwa is a Paralegal in Rothera Bray’s Child Care team and is based at our Lace Market, Nottingham office.
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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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