Can My Ex Take My Child?

If parents are honest about their fears surrounding coming out of a bad relationship, one of their biggest worries is whether their ex can take their child.

In this blog, our specialist Northwest family lawyers look at whether your ex can take your child and your options.

For specialist family law advice, call Evolve Family Law or complete our online enquiry form.

Worried ex-partner will take my child

Sometimes it is just a fear that your former partner and your child’s other parent will take your child or not return them when their parenting time has finished. In other family scenarios, your ex-husband, wife or partner may want to take the child as they know that is the one thing that will devastate you, or they may genuinely want to look after the child as much as you do, but the two of you can’t agree on the childcare arrangements.

Talking to a family law solicitor can help you decide if your fears justify applying for a court order, such as:

A child arrangement order
A prohibited steps order
A specific issue order
An injunction order

Will the police help if my ex-partner takes my child?

If your child is taken, your first thought may be to call the police, and in any situation where you fear that your child is at risk of harm, then that is the best thing to do. Risk of harm is always a balancing act, so whilst you may think that your child is being harmed by staying with their other parent, the police may not think so unless there is some evidence that the child is at risk.

The police won’t remove a child from a parent’s care unless there is an apparent risk of immediate harm. Generally, the police will say that, except in emergencies, family and children’s law matters should be resolved by the family court. That usually involves one parent applying to court for a child arrangement order or asking the court to enforce an existing order and return the child to their care.

The police approach should not stop a parent from calling them in situations where you have genuine welfare concerns, such as:

A parent with anger management issues.
Where there were domestic violence issues in the relationship.
A parent who appears under the influence of alcohol or drugs and is incapable of safely caring for the child.

Apply for a family court order to protect your child

There are some family scenarios where it is best to get a family court order so you can show the order to the police. For example:

If you fear that your ex-partner will take your child overseas without your agreement, you can apply to the family court for a prohibited steps order to prevent the child from being taken abroad.
If you are concerned that you or your child is at risk of domestic violence, then you can apply to the court for an injunction order.
If you are worried about the safety of your child while they are spending time with your ex-partner, you can ask the court to make a child arrangements order. A child arrangements order can prevent direct contact or stipulate that contact should only occur if supervised, or can establish limits and conditions for the contact.

Take legal advice if you are worried that your ex may take your child

As every family situation is unique, it is advisable to seek legal advice tailored to your specific circumstances and to assess the best options for your family.

Children law solicitors say that if you are worried about your ex taking your child, it is best to take specialist legal advice as quickly as possible because:

A children solicitor will be able to tell you where you stand legally. Often, knowing your rights can help alleviate your worries.
It may be necessary to apply for an urgent court order, such as an injunction order or take immediate action to prevent child abduction to an overseas country by securing a prohibited steps order.
A solicitor’s letter to your ex-partner or an application for a child arrangements order may be needed to formalise the childcare arrangements and ensure that your ex-partner is aware of the consequences of breaching your agreement or the child arrangements order.

What happens if a parent breaches a court order and takes a child?

If a parent breaches a family court order, such as a child arrangements order, prohibited steps order or specific issue order, enforcement action can be taken.

It can be tempting to apply directly to court to enforce an order, but it is best to consult with a family lawyer before doing so. For example, if a parent has returned a child home late on one occasion, starting enforcement action for a breach of a child arrangements order may not be appropriate. However, if late returns on a Sunday night are a regular occurrence and are affecting schooling, it may be appropriate to act.

Children solicitors say that if an order is breached, you may need to take speedy action. For example:

If a parent keeps a child after a contact visit was due to end, you don’t want to leave things so that the other parent can then argue that the status quo of the child living with you has changed and that the child is now happy and settled with them.
If child abduction overseas is feared, then it is vital that speedy action is taken to avoid the child being taken abroad. That is because if the child is taken to a country that isn’t a signatory to the Hague Convention, it may be hard to get an order for the child’s immediate return to the UK.

Regardless of the nature of the breach of court order, the court can enforce the order and impose penalties on the parent who has breached it. The penalties will depend on the court’s assessment of the circumstances surrounding the breach of the court order, as well as the severity and frequency of the breach. The court can:

Impose a community service order and order a parent in breach of a child arrangement order to carry out up to 200 hours of community service.
Fine the parent for breach of the court order.
In rare cases, a prison sentence can be imposed on the parent in breach of the court order.
Order a parent to pay the other parent compensation if the breach of the court order led to a loss, such as unpaid time off work.

As every breach of a court order has a different impact on a family, it is best to seek legal advice before applying to enforce an order, as it may be preferable to return to court to vary the existing child arrangements order or other type of children’s order.

We are Manchester and Cheshire Children Law Solicitors

Our family lawyers specialise in separation and children law applications. If you are worried about your ex-partner taking your child or need representation in child arrangements order proceedings, call us or complete our online enquiry form.

Our offices are in Whitefield, North Manchester, and Holmes Chapel, Cheshire. However, our lawyers also offer telephone and online appointments.