Child abduction and Relocation
Taking your child away from their home
If you’re divorced or separated and your former partner wants to take your child on holiday or to live abroad – or elsewhere in the UK – 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’re the parent that the child lives with and there is a Child Arrangements Order – Live With or Residence Order in place, then you don’t need permission from any other person with parental responsibility for the child. You can take your child abroad (or in the UK) for up to 28 days. However, it’s still advisable to seek their approval.
If you’re a Special Guardian for a child, then you don’t need permission from any other person with parental responsibility for the child to take the child abroad for up to three months.
How do I stop my ex taking my child away?
If you and your former partner can’t 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. The court will regard the welfare of the child as the most important factor and decide 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 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.
Our divorce lawyers are specialists in:
Divorce services from Rothera Bray
A guide to how we can help should you decide to divorce or separate.
Divorce and finance
When a relationship ends, money problems arise. Discover how our family law finance specialists can help.
Keeping your rights in regard to children
As well as the child’s place of residence, a Prohibited Steps Order can cover other things – like medical choices and name changes – find out more here.
Use the law to protect yourself and your family
Our family law solicitors can advise you on obtaining a Family Injunction if you feel threatened.
Uncontested financial agreements
A consent order can be used to outline the financial agreement you have reached with your former spouse.
Our aim is promote the best outcomes for your children, while protecting your rights as a parent.
