Parental Child Abduction: What It Is and How to Prevent It
Parental child abduction can be a long standing fear or occur with no prior warning. Whenever it happens, it has devastating consequences for the family members left behind in the UK.
In this article, child abduction solicitor, Louise Halford, explains what parental child abduction is, what a parent can do to try to prevent it and to protect their
child.
Louise has helped parents across Cheshire, the UK and those living overseas for the past 30 years. She is an expert in child abduction and children law and can answer your questions on how child abduction works, the risk factors for child abduction, the warning signs and how to prevent it from happening.
Contact Louise Halford at Evolve Family Law.
What is Parental Child Abduction?
Parental child abduction occurs when one parent takes a child out of the UK, or does not return the child to the UK, and the parent removing the child from the UK or keeping them abroad does not have:
The consent of the other parent and every other person with parental responsibility for the child or
Court permission to either take the child overseas or to keep the child overseas
Types of Parental Child Abduction
There are two types of parental abduction:
Wrongful removal – taking a child overseas without parental agreement or a court order
Wrongful retention - not returning a child to the UK at the end of an overseas trip
The 28 Day Rule
Some parents think that the UK child abduction law does not apply to them, and they do not require the other parent’s consent or a court order to take their child abroad on holiday.
A parent is guilty of an offence even if they did not think the law applied to them or if they disregarded the law because they did not want to go to the trouble of getting their ex-partner’s agreement or a court order.
However, there is a 28-day rule. If a parent falls within the scope of that rule, the parent can take their child out of the UK without the other parent’s agreement or a court order, provided:
There is a child arrangement order, and
The court order says that the child lives with the parent who is taking the child overseas, and
The overseas trip is for 28 days or less
A child arrangement order stating that a parent has contact or parenting time is not sufficient for the parent to apply the 28-day rule.
It's best to check whether the 28-day rule applies to your child because:
If it does not apply, you could be stopped from boarding the plane to go on holiday with your child
If it does apply to the other parent, you may want to apply to court for a prohibited steps order to stop the parent using the 28-day rule because you fear that if the parent takes the child overseas, they won't return the child to the UK.
The Holiday Order
If a parent does not have a child arrangement order naming them as the child’s carer, they need either a holiday order to take their child abroad or the consent of the other parent and all those with parental responsibility for the child.
A holiday order either specifies the holiday destination and dates or is a general order stating that a parent is entitled to take their child overseas on holiday for a specified number of weeks during school holidays each year, with the dates to be agreed between the parents.
A children's law solicitor can ask a judge to include a general overseas holiday provision when making a child arrangement order, so neither parent has to apply to court each year for permission to take their child abroad on an annual summer holiday or a winter ski break.
The Relocation Order
If a parent wants to take their child to live overseas permanently, they need a relocation order. An order is only required if the other parent and any other person with parental responsibility for the child object to the planned overseas move.
The Criminal Offence of Child Abduction
Under UK law, it is a criminal offence to remove a child from the country when parental consent or a court order is necessary but has not been obtained.
The offence under The Child Abduction Act 1984 can be committed if a parent:
Takes a child abroad without the necessary permission or a court order
Does not return a child after an agreed overseas holiday.
The maximum sentence is seven years.
Why Parental Child Abduction Happens
Every family situation is different, but common reasons for parental child abduction include:
Relationship breakdown or divorce
Fear of losing contact with a child
Disputes over custody or residence
Desire to return to a home country
Differences in cultural or religious expectations
Domestic abuse or coercive control
In some situations, a parent may genuinely believe they are acting in the child’s best interests. However, the law is clear: removing a child without consent is unlawful. It can also have unintended consequences, such as longterm emotional harm or have an impact on a child’s education and career prospects.
The Legal Framework: How the Law Protects Children From Child Abduction
Parental Responsibility, consent and child abduction
Any person with parental responsibility for a child must consent before a child is taken abroad. Those with parental responsibility usually include:
The mother
The father (if married to the mother or named on the child’s birth certificate)
Anyone named as a carer in a child arrangement order
Anyone granted parental responsibility by the court
If any person with parental responsibility refuses consent, the parent wishing to travel overseas or relocate abroad must apply for a holiday order, a relocation order, or a specific issue order.
The Hague Convention
The UK is a signatory to the Hague Convention. If a child is taken to a country that is a signatory to the convention, this normally provides a speedier legal mechanism for the return of abducted children to their country of habitual residence. Court proceedings in the home country can then determine whether the parent may take their child overseas to live or if the child should remain in the UK with their other parent.
NonHague Convention Countries
If a child is taken to a country that is not a signatory to the Hague Convention, the means and court procedures to ensure the child is located and returned to the UK (if the overseas family court deems that to be in the child’s best interests) are country-specific but generally are lengthier and more complex.
Return Orders
A return order can be made by a family court ordering the return of a child to England, where a child has been subject to parental child abduction through wrongful removal or retention. In Hague Convention countries, there are recognised procedures to secure a return order quickly, so the child’s future can be determined in the country where they were habitually resident before the overseas travel.
Warning Signs of Parental Child Abduction
Parents know best whether a comment by their ex-partner is an innocent remark or a potential red flag. If you are concerned about whether your ex-partner’s actions amount to warning signs, you should take child abduction legal advice to see if you have the evidence to apply for a prohibited steps order or take other protective measures.
Warning signs include:
A parent suddenly applying for passports or travel documents without prior consultation or discussion
Sale of property and withdrawal of investments and money
Ending employment and renewed interest in foreign travel or relocation
Increased hostility
Statements from an ex or extended family member that imply the children will be taken
There may be innocent explanations for these triggers, but if you are in any doubt, it is best to talk over your fears with a family law solicitor and work out if you have the grounds to ask for a prohibited steps order or port alert.
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How to Prevent Parental Child Abduction
1. Seek Immediate Child Abduction Legal Advice
A child abduction solicitor can help you:
Understand your rights
Apply for urgent court orders
Notify the police, relevant authorities and border authorities
Put protective measures in place
Early legal advice and lawyers' communication with your ex-partner is often the key to preventing an abduction, as your ex-partner will understand that you know your rights and will use them to safeguard your child.
2. Apply for a Prohibited Steps Order (PSO)
A prohibited steps order can prevent a parent from:
Removing a child from the UK
Applying for a passport
Changing a child’s school
Relocating within the UK
A prohibited steps order lawyer can obtain a prohibited steps order quickly if a child is at immediate risk of harm or removal, sometimes on the same day that you contact the solicitor.
3. Secure Your Child’s Passport
If you fear child abduction by your ex-partner or their extended family, then you need to take steps to protect your child by:
Keeping your child’s passport in a safe place
Notifying the Passport Office to prevent duplicate passport applications
Advising your child abduction solicitor if your ex-partner has access to other passports
Foreign embassies may also need to be contacted if your child is not a British citizen or has dual nationality.
4. Alert the Police
If an abduction is imminent, the police can issue a port alert, notifying all UK airports and ports to stop the child from leaving the country. Port alerts typically only last 28 days and are only made if there is evidence of an imminent child abduction threat.
5. Keep Records
If you have received threatening texts, emails, or messages, it is vital to retain all messages, as they could be evidence to use in a court application if a parent is making threats or planning to leave the country.
6. Talk to the Child's Schools and Carers
Nurseries, schools and extended family need to be aware of potential child abduction risks so they can help you manage the risk. For example, by:
Knowing not to release the child to a particular parent
To notify you of any suspicious activity
How a Cheshire Family Law Firm Can Help With Child Abduction Legal Advice
Our team of experienced family law solicitors, led by child abduction expert Louise Halford, has expertise in supporting and representing parents across Cheshire, Greater Manchester, the North West and overseas-based parents.
We provide:
Urgent sameday child abduction advice and applications
Specialist advice on international child abduction
Support with Hague Convention applications
Representation in court for child arrangement disputes, prohibited steps orders, child arrangement orders, holiday orders and relocation orders
Preventative planning for parents concerned about child abduction risk
Contact Louise Halford at Evolve Family Law for Child Abduction Legal Advice.
Frequently Asked Questions on Parental Child Abduction
Is parental child abduction a crime in the UK?
Yes. Removing a child from the UK for 28 days or more without the consent of everyone with parental responsibility or a court order is a criminal offence. Even a removal of less than 28 days may be unlawful if the parent does not have a child arrangement order stating they are the parent with care of the child, or a holiday order.
If you are unsure if you need parental agreement or a court order, it's best to consult a family law solicitor before you book an overseas trip.
Can I stop my expartner from taking our child abroad?
Yes. You can apply for a prohibited steps order to prevent your ex-partner from taking your child on an overseas holiday or relocating abroad with your child.
If you think that your child is at immediate risk, you can ask the family court to make an emergency order to protect your child.
Can I force my ex-partner to return to the UK with my child?
Yes. If your ex-partner has taken your child to a Hague Convention country, you may be able to secure a return order requiring your child to be returned to the UK. The family court in England and Wales will then decide on the future living arrangements for your child based on the court's assessment of what orders are in your child's best interests.
What is the law on child abduction if my child is not a British citizen?
If your child is habitually resident in the UK, the laws on parental child abduction will apply to your child even though they do not have citizenship or a British passport. If you think your child is at risk of child abduction, it's best to put safeguards in place, such as a prohibited steps order.
What is the law on parental child abduction if my child has dual nationality?
If your child has dual nationality, your ex-partner cannot take them out of the UK without your permission or an English court order if your child is habitually resident in the UK. If you are worried about child abduction because your child has more than one passport or extended family overseas, it's best to take early family law advice on how to protect your child.
What should I do if I think my child is at immediate risk of parental abduction?
You should contact the police and a family solicitor urgently. Some steps can be taken quickly to reduce the risk of child abduction, such as a port alert.
Can I take my child on holiday without permission?
Possibly. It depends on whether anyone else has parental responsibility for your child, and if they do, whether you have an existing child arrangement order that says your child lives with you. If your child arrangement order states that, you do not need permission to take your child overseas on holiday for up to 28 days.
If permission is required and you do not obtain it, you may be prevented from boarding a flight or accused of breaking the law. It is best to check whether you need either written parental consent or a holiday order.
Contact Louise Halford at Evolve Family Law for Child Abduction Legal Advice.
Louise Halford
Jun 08, 2026
Return Orders After Child Abduction From The UK
If your child has been taken out of the UK by one parent without the other parent’s parental permission, then this may amount to parental child abduction.
This type of child abduction is on the increase because of the rise in families living in the UK with international connections.
In this article, child abduction solicitor Louise Halford looks at return orders after child abduction from the UK.
Call Evolve Family Law for specialist family law advice or complete our online enquiry form.
What is parental child abduction?
Parental child abduction is when a parent takes or sends their child out of the UK without the consent of:
Every other person who has parental responsibility for the child, or
A court order from the family court.
Parental child abduction is complicated because some parents have sole parental responsibility, and some parents are legally allowed to take their children overseas without the agreement of the other parent because the parent has:
A child arrangement order that says the child lives with them, or
A holiday order that specifies that the parent can take the child abroad on holiday, or
A relocation order that states the parent can take the child to live overseas.
Parental child abduction can either be:
Taking a child overseas without parental agreement or a court order, or
Not returning a child to the UK at the end of an agreed overseas trip.
The former type of child abduction is called wrongful removal, and the latter is referred to as wrongful retention.
Child arrangement orders and taking a child overseas
If a parent has a child arrangement order that says their child lives with them, the law says that the parent is allowed to take their child out of England and Wales on holiday, provided that the overseas holiday is for no more than 28 days. With the appropriate child arrangement order, the other parent’s agreement to the holiday is not necessary, and a holiday order is not required.
If a parent with that type of child arrangement order wants to take their child overseas for longer than 28 days, they will need the consent of all those with parental responsibility for the child or a holiday or relocation order.
Holiday orders and taking a child overseas
A holiday order allows a parent to take a child overseas on holiday if the other parent or others with parental responsibility for the child won't agree to the planned holiday.
A holiday order can either:
Relate to a specific one-off holiday or
Give a parent who does not have a child arrangement order that says the child lives with them, permission to take the child overseas on holiday for a specified period each year, so they don’t have to make annual holiday order applications.
Relocation orders and taking a child overseas
A relocation order allows a parent to take their child overseas to live. An order is only required if the other parent and anyone else with parental responsibility for the child objects to the planned overseas move.
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What is a return order
A return order can be made by a family court ordering the return of a child to England, where a child has been subject to parental child abduction through either:
Wrongful removal – no parental agreement or court order.
Wrongful retention – staying outside the UK for longer than agreed to by the other parent or beyond the scope of the child arrangement order or holiday order.
What happens if a parent does not comply with a return order?
If a parent does not return their child to the UK, then the court can commit the parent to prison for breach of the return order.
In AA (Mother) v XX (Father)[2025] EWHC 2165 (Fam), a mother asked the court to commit the child’s father to prison for breaching orders requiring him to return the child to England from Iran.
The family were from Iran and the mother took her daughter to Iran on holiday. A paternal relative abducted the child from the airport. The mother returned to the UK and started wardship proceedings to secure the return of her daughter to the UK. She alleged the child’s father had prior knowledge of the child's abduction. The court made a series of court orders, including return orders, but these were not complied with. The mother, therefore, asked the court to commit the father to prison.
The judge sentenced the father to six months' imprisonment and concluded that the:
‘’sentence is the only hope of compliance and of securing B's return. The father has been given numerous opportunities to return B but has ignored them, and ignored any of the preparatory steps required. His attitude throughout is that he will only comply with orders on his own terms. Secondly, that a custodial sentence is required to show the court's displeasure about what have been complete and deliberate breaches of court orders both in securing B's return and taking the required steps to secure return and provide for indirect contact’’.
Child abduction legal advice
If you think your child is at risk of parental child abduction, it is best to talk to a specialist child abduction solicitor while your child is still in the UK. The family lawyer can advise you on the steps that can be taken to reduce the risk of child abduction. These include:
Applying to court for a child arrangement order that says your child should live with you.
Asking the court to make a prohibited steps order to stop your child from being taken overseas.
Applying to make your child a ward of the court.
Taking steps to prevent your child from being issued a passport or asking for a port alert.
If the other parent has applied for a holiday order or a relocation order, then you can object to their application. A specialist family solicitor can help you explain to the court why the holiday or relocation order is not in your child’s best interests.
If your child has already been taken overseas, then your remedies will depend on whether the country your child has been moved to is a member of the Hague Convention. An experienced child abduction lawyer can identify all your potential legal remedies and help you pursue them as quickly as possible to secure the safe return of your child to the UK.
Call Evolve Family Law for specialist family law advice or complete our online enquiry form.
Louise Halford
Sep 01, 2025
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.
You might also be interested in
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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.
Louise Halford
Jul 28, 2025
Can I Stop Access to my Child?
There are many reasons why you might want to stop access or contact with your child by your former partner. However, it's best to speak to a family law solicitor before threatening to do so or acting on it.
Contact Evolve Family Law Today for Family Law Advice.
Stopping access
Stopping your ex-partner's access to your child is a big step to take. It's essential to take that step only if you can justify it, have the legal authority to do so, or are confident that your decision will not be overturned by the court or have unintended consequences.
The repercussions of deciding to stop contact include:
The child’s other parent applies to the family court to enforce any existing access or contact order.
The child’s other parent applies to the court for a child arrangements order so they have a court contact order.
Your child blames you for the decision to stop access and says that they want to see or even to live with their other parent.
Your child’s other parent alleges that you stopped access because you are trying to alienate and distance your child from them without justification.
Your child’s other parent decides it would be best to ask the court to make a child arrangement order that provides for the child to live with them and have contact with you.
Whatever the background to your separation or divorce and the reasons why you feel driven to stop child access, it often helps to sit down with a family lawyer to assess your options and the alternatives to stopping access.
Reasons for stopping access
There are several reasons why you may want to stop your ex-partner from seeing your child, such as:
Your ex-partner turns up late or cancels contact visits at the last moment, so you don’t know, from one week to the next, whether contact will take place or not.
Your child says they don’t enjoy their contact visits with their mum or dad.
The children return from access visits all ‘hyper’ and overtired, and then can’t settle back into their daily routine for days.
Your child says they hate step-siblings or a new partner’s children or are being bullied by them.
You feel intimidated when your ex-partner collects and returns your child.
Your ex-partner stopped paying child support, and you don’t think contact should take place if your ex can’t be bothered to support their child financially.
You don’t want your child to see your former husband or wife’s new partner during access visits.
You are worried that your former partner will disappear with your child and take them overseas to live.
Alternatives to stopping contact
A family law solicitor can advise on the alternatives to stopping contact. They include:
Talking to your former partner about the contact visits to make them more fun for your child, rather than your child and their parent sitting around watching TV. Those discussions don’t have to take place with your ex if you don’t think that would work. Your solicitor could help you resolve matters, or you could attend family mediation sessions.
You could agree that your child is collected from school or from a relative’s home to stop you having to come face to face with your ex-partner at contact collection and return times, so you are not intimidated or upset by the access handovers.
If you want to stop access because child support is not being paid, you could apply to the Child Maintenance Service for child support.
Your family lawyer could address issues of concern, such as the risk of your ex taking your child overseas to live or your child feeling bullied by step-children in the household, to see if the concerns can be reduced.
As a parent, you need to do what is best for your child and, after exploring the alternatives, you may conclude that stopping access is in your child’s best interests. How you should go about that will depend on whether there are any existing court orders in place.
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Court orders and stopping access
If there is an existing court order, such as a contact order or child arrangement order, you should take legal advice before stopping access. If you don’t take legal advice on the existing court order, you could find that your ex starts enforcement court proceedings.
If there is an existing court order in place, such as a contact order or child arrangements order, you may need to make an application to the family court to vary the existing court order before you can stop contact.
If there are no existing court orders in place, you may be able to stop access, but it is still best to take legal advice from a specialist Cheshire children law solicitor before doing so. That’s because a family law solicitor can talk to you about alternative options and the prospects of your former partner applying to court so they can see your child under a child arrangements order. Sometimes, by quickly cutting off access after a nasty incident or a trying weekend, you can play into your former partner's hands and create more headaches and hassle for yourself.
Our expert Cheshire children solicitors can look objectively at your options and help you work out what’s the best alternative for you and your children.
Contact Us Today
Louise Halford
Nov 14, 2024
How to Choose a Cheshire Child Contact Solicitor
Let’s face it, when it comes to choosing a Cheshire child contact solicitor, it is hard to know where to start. There’s loads of choice and at Evolve Family Law we have never seen an advert from a child contact solicitor that doesn’t profess to be a child contact specialist or expert in the field of children law.
So, how do you choose a Cheshire child contact solicitor? At Evolve Family Law we have put together some tips to help you find the child contact solicitor who is right for you.
Tips on Choosing a Cheshire Child Contact Solicitor
Our top tips on choosing a Cheshire child contact solicitor:
Take time to see if you can work with the child contact solicitor
Every parent and every children law solicitor is different so it is important that you take the time to speak to your proposed solicitor to see if you can work with them. That doesn’t mean that you have to like your solicitor (although that does help) but you do need to respect their advice and judgement even if the advice isn’t always what you want to hear.
A good child contact solicitor will tell you that their job isn’t to tell you what you want to hear from them or to agree with you using the philosophy that ‘’the client is always right’’. The solicitor’s job is to ask hard questions and give you honest and robust advice so you don’t waste your time and money in child contact fights that you aren’t going to win. It is easier to take that advice on board if there is an element of trust with your solicitor and respect for their professionalism and advice.
Will the solicitor listen to you?
One of the biggest grounds for complaints about children law solicitors is that they don’t always take the time to listen to you and to your concerns as a parent. A good child contact solicitor will tell you that the ability to listen and pick up on the nuances is just as important as the ability to be an effective advocate at a children court hearing.
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Is the child contact solicitor an expert?
Solicitors tend to specialise in family law but within that field solicitors will go onto become experts in particular areas such as children law and parental alienation or child abduction or child relocation. If your solicitor is an expert in conveyancing, Wills and Lasting Powers of Attorney as well as child contact then they not have as much expertise as you first thought. An expert isn’t upset if you ask about their experience in your particular children law area of concern.
What do other people say about the child contact solicitor?
A recommendation to a Cheshire child contact solicitor by a friend or family member can be comforting and put you at your ease but you still need to do your homework to make sure that you can work with the child contact solicitor and that they specialise in the particular legal area that you need help with. After all the solicitor may have been brilliant with the negotiations for an international prenuptial agreement but do they have the expertise and experience to handle, for example, a former partner with a narcissistic personality disorder who is hell bent on making your life as miserable as possible?
Solicitors tend to rely on personal recommendations and they are always very grateful to receive them as there is nothing more powerful than the words of a client.
Here is what one children law client wrote about children law solicitor Louise Halford in June 2020:
‘’ The team at Evolve Family Law are the best. Louise Halford got me through a very difficult time with my family law matters finding a suitable arrangement in the children’s best interests. Louise Halford’s professionalism is a credit to her. But more importantly she showed empathy, patience and care delivered through friendly and honest advice. Louise Halford had my back from start to finish. I can't thank you enough…..thank you for being by my side.’’
Another children law client was more succinct in his praise of Louise Halford and said in June 2020:
‘’You are a star from heaven.’’
Is the solicitor upfront about costs, timescales and what to expect?
Going to court isn’t an easy option for most parents so it is best to find a Cheshire child contact solicitor who is clear about your alternative options, such as family mediation, and will talk you through what to expect in terms of costs, timescales and the court process. That way you can make an informed decision about whether a child arrangements order application or a prohibited steps order application is the best option for you and your family.
Read more about the ethos of the Cheshire child contact solicitors at Evolve Family Law.
Our Cheshire Child Contact Solicitors
If you need legal help with child contact or need representation in children law proceedings for a child arrangements order or other type of children law order then call Holmes Chapel based Evolve Cheshire children solicitorsor contact us online. Appointments are available in person, through video conferencing, Skype or by telephone.
Robin Charrot
Jan 16, 2023
Travelling If Your Child Has a Different Surname
Every time you stand in a queue at the airport do you tense up, worried about whether you will be challenged by an official over your paperwork, luggage or children? It is a particular concern if your children’s surname is different to your own. For example, if your ex-partner registered the children using her surname or if you reverted to using your maiden name after your divorce.
In this article, our family law solicitors look at the issues that can arise when travelling with your children if their surname is different to yours.
For expert family law advice call our team of specialist family lawyers or complete our online enquiry form.
Why do issues arise when travelling with children whose surnames are different to yours?
You may think that an official is just being difficult but border officials, passport control, and airport and ferry staff are all trained to look out for children travelling with adults who do not share the surname of the children they are accompanying. It is a red flag for potential child abduction or child trafficking – although all you want to do is take your children to Spain for a much-earned break.
It is easy to get angry when you are questioned about your children, especially when you are already stressed out by airport delays or if your toddler is having a tantrum. When your child looks like the spitting image of you then it is hard to bite back on a cutting reply and easy to get into an argument that can unravel into your family not being able to travel.
As family law solicitors working with parents worried about potential child abduction and trying to recover abducted children from abroad, the careful approach taken by some UK and overseas border officials and travel staff is in many ways very welcome. However, family solicitors do share the frustration experienced by some UK families about the lack of consistent international rules on the paperwork needed to travel with a child either as a family, a single parent, a relative or a nanny. The difference in regulations between countries can catch out the unwary parent and ruin a planned trip.
It isn’t just single, separated or divorced parents who need to be careful. If you are a grandparent, whose surname is different to that of your grandchild, and you are taking your child abroad on holiday then you may encounter the same issues.
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A cautionary tale
For those who question if travelling with a child is an issue our family law solicitor, Louise Halford, has first-hand experience of the difficulties. She tried to help a dad take his daughter on holiday to South Africa. He had arrived at the airport check-in desk without appreciating that as he was flying to South Africa on his own with his daughter, he would need a legal affidavit as well as extra paperwork. She happened to be at the next check-in desk and offered to help with the legal document and his wife rushed down with extra paperwork to try and make sure that her daughter could go on the planned trip. Sadly, all their efforts didn’t work out as the family only had their daughter’s short-style birth certificate.
If an affidavit is needed so a child can go abroad with a parent then there must be enough time for all the paperwork to be obtained before the affidavit is sworn.
What paperwork is needed if you are travelling overseas and your children have a different surname?
The exact documents you need depend on the country you are travelling to. Whilst you may not be challenged to produce additional documents in the UK you may be asked for additional paperwork when you are trying to enter another country or leave it to return to the UK.
As a general rule, to safeguard yourself and in case of officials not taking your word about your relationship with your children, it is best to take birth certificates for yourself and the children, copies of any change of name deed and marriage certificate (for example, if you reverted to your maiden name after your divorce) and evidence that the child’s other parent agrees to the trip. If you couldn’t get the other parent’s written consent, and instead had to apply to the court to obtain a holiday order, then take the order with you. If the court has awarded you a child arrangement order it is sensible to take a copy of that order as well.
Do I need the other parent’s consent to take the children out of the UK?
If you are not travelling with your child’s other parent, you may need their written consent or a court order to legally take your child abroad.
Whether you need the other parent’s written agreement depends on if your child lives with you and if you have a child arrangement order that says you are the parent with care. If so, you don’t need written consent or a holiday court order provided your overseas holiday is for 28 days or less.
If you fall in the category of the child arrangement order covering your trip it is sensible to take the order with you. If you aren’t sure if your child arrangement order says your child lives with you ( the wording on court orders can be rather confusing) speak to a family law solicitor about whether you need written consent or a holiday order.
If you don’t have a child arrangement order, or the order just sets out the contact arrangements with your child, then you need written agreement from the other parent (or anyone else with parental responsibility) or a holiday court order.
From a family law solicitor’s perspective, parents should be prepared to answer questions when travelling overseas with their children, especially when the children have a different surname to you, and should check the:
The paperwork you need to take with you and
The rules in the country you are travelling to and the documents you may need there
For expert family law advice call our team of specialist family lawyers or complete our online enquiry form.
Louise Halford
Jan 04, 2023
Moving Abroad with a Child After Divorce
Many parents who are thinking about a separation or divorce want to make a fresh start overseas with their child.
In this article, specialist family law solicitor Louise Halford shares her experience in helping parents apply to move abroad with their children and advising parents on how best to oppose child relocation applications.
For expert Divorce and Children Law advice call our team of specialist divorce lawyers or complete our online enquiry form.
Moving overseas with a child after separation or divorce
Evolve Family Law has seen an increase in inquiries from parents about moving out of the UK with their children. The inquiries are not just from parents currently based in Cheshire and the North West of England, but from across the UK.
The increase in children law inquiries is down to the following trends:
The world becoming a smaller place with people meeting and marrying partners from other countries
The number of overseas families who came to the UK on work visas and dependant visas and who settle in the UK by securing indefinite leave to remain or British citizenship but, after a separation or divorce, one parent wants to return to their country of origin
Emigrating for work as opportunities for working abroad increase
International parenting after separation or divorce
It is said that being a parent is one of the hardest jobs in the world. That is particularly true for any parent who is involved in ‘international parenting’ as a result of one parent moving abroad with the child. Most parents find it hard enough to let their child go off for the weekend with their ex-partner, let alone accept that their child should get on a plane to another country to see their mum or dad.
Prior to committing emotionally or financially to an overseas move, many parents don’t fully appreciate that if they are successful in relocating abroad with their child that the family court will often order that the child should spend long chunks of time during holidays with the parent who is not moving abroad and who will be missing their weekend contact.
It is often said that there are ‘no winners, only losers’ when one parent moves to another country with their child, whether that be back to a parent’s country of origin or as a result of a new job or relationship. However, with communication and imaginative contact arrangements, even airport handovers, can work. If it is a relocation to Spain then the flight from Manchester or Liverpool airport and the child’s handover may be a lot easier than navigating a motorway trip from Cheshire to Cornwall or Guildford.
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The law on international child relocation
Some parents are well-researched on the law on child relocation but for others, it is a whole new arena. The basic principle is that if a child is habitually resident in the UK the child can’t move abroad with either parent unless the other parent agrees to the move or the family court makes an order granting permission to relocate.
The law on child relocation and moving abroad with your child can be hard for a parent to get to grips with. If, for example, both parents originate from the US but currently live in the UK with their children this may mean that their children are classed as habitually resident in the UK. Therefore, although all the family members are American citizens, if one parent wants to return ‘home’ to the US with the children, permission still has to be obtained from an English court. Without specialist legal advice on child relocation law, many parents don’t realise the implications of booking their flight home. The legal and personal costs of not knowing the law on international parenting can have a devastating impact on a parent and their chances of successfully getting a court order to let them take their child abroad or a child arrangement order.
Contact arrangements if a child moves overseas
As part of one parent agreeing to give permission, or the court making an order allowing the other parent to relocate, the contact arrangements should be recorded. If a court order to relocate is made the court will normally also make a child arrangements order setting out how often the child should see the other parent. The court order can include written contact, Skype, and face-to-face contact. An agreement should be reached and recorded on specific details such as
The agreed travel arrangements
Who, if anyone, will accompany the child
Who should pay for the costs of flights
Extended family and grandparent’s ability to travel, time differences with Skype, the child’s ‘best friend’, and key dates such as Thanksgiving and grandad’s 80th birthday should not be forgotten. ‘Small’ details such as these can impact on whether arrangements work for a child. Compromise is also a key factor as if grandparents can’t make a long-haul flight to Australia for Christmas could both parents split the travel and meet in Dubai? It is often those small points that make all the difference in whether international parenting will work for a family or not.
Legal advice on child relocation overseas
It is always tough to answer a query on whether a mum or dad will get permission to move abroad. That is not just because the law on this subject is so complex but also down to international parenting being one of the hardest things for any parent to contemplate, and therefore for their family law solicitor, to guide a parent through. Invariably a parent is already emotionally, if not financially, committed to their move abroad before they take the step of getting advice and so it is always worth getting an assessment of your family situation and your options before you commit to a move.
For expert Divorce and Children Law advice call our team of specialist divorce lawyers or complete our online enquiry form.
Louise Halford
Nov 07, 2022
How Long Does it Take to Get a Child Arrangement Order?
Cheshire children law solicitors are often asked ‘how long does it take to get a child arrangements order?’ It is an understandable question as any parent is naturally anxious about starting children law court proceedings and wants to have a good idea about the likely timescales for getting a child arrangements order as well as the cost and prospects of success. In this blog children law solicitor Louise Halford looks at how long it takes to get a child arrangements order.
What is a child arrangements order?
Not everyone knows what a UK child arrangements order is. That’s because unlike the old child custody orders the name isn’t particularly clear but child custody and child access orders were relabelled as child residence and child contact orders and the latest renaming is the ‘child arrangements order’.
A child arrangements order can combine both custody and contact as the order can say where the child lives (there could be a primary carer or a shared carer arrangement) and with whom the child should have contact with. The contact could be regular overnight contact, mid-week contact, holiday contact or even indirect contact.
Does a court automatically make a child arrangements order if parent’s separate or divorce?
UK children law says that the court should not make a child arrangements order unless the order is necessary because there is a dispute between separated parents that they can't resolve by agreement or family mediation. If parents can't agree on the appropriate and best childcare arrangements for their child after a separation or divorce either parent, whether you are an unmarried or married parent, can apply to the family court for a child arrangements order.
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How long does it take to get a child arrangements order?
It is difficult to answer the question ‘how long does it take to get a child arrangements order?’ as much depends on the family circumstances. Experienced children law solicitors have been known to secure an urgent child arrangements order in a matter of hours. For example, if a parent is worried that the other parent is under the influence of drink or drugs and it is unsafe to return a young child to them but the parent won't accept that or get help or agree to the child staying with the other parent until they are capable of looking after the child again.
When the court is asked to make an urgent child arrangements order it will normally last for a short period of time until the court can assess what long term child arrangements order is in the child’s long term best interests.
In other child arrangements order applications it can take months to secure a child arrangements order. For example, if one parent says that a child won't see the other parent or that the parent has emotionally or physically abused the child the court may want to carry out detailed investigations and order reports before making a decision on contact and what child arrangements order is best for the child. That sort of extended timescale can be very frustrating for a parent, especially where false allegations have been made against them or they fear parental alienation is taking place. The court proceedings can take a long time to determine as the family judge may want to hold a series of interim court hearings (for example, a finding of fact hearing to determine if the parent’s allegations of abuse are true) or to order an independent assessment by a CAFCASS officer or a report by a child psychologist.
If you can't reach an agreement on the arrangements for your child then it is best to speak to an experienced children law solicitor on the likely timescale to get a child arrangements order as they will listen to why you need a child arrangements order and your concerns, discuss any complexities, and then be able to give you a realistic timescale for the court proceedings and the prospects of the court making interim child arrangements orders until the final hearing of the court application.
Our Manchester and Cheshire Children Law Solicitors
At North Manchester and Cheshire based Evolve Family Law we recognise that not being able to agree on child care arrangements and applying for a child arrangements order can be a stressful experience. For pragmatic specialist children law help from friendly and approachable children law solicitors call Evolve Family Law to discuss how we can help you with your child arrangements order application or to discuss the potential legal costs of going to court for a child custody order. Call us or complete our online enquiry form . We can set up a video conference, skype or telephone appointment so you can speak to an experienced Cheshire children law solicitor from anywhere in the world.
Louise Halford
Feb 04, 2021
Who Has Custody of a Child When the Parents Are Not Married?
Child custody and contact is a tricky topic whatever the legal status of the parents of a child. For example, the parents could be unmarried and have never lived together, be a former cohabiting couple, married or divorced or in a civil partnership. In this blog we look at who has custody of a child when the parents aren’t married.
Who has custody of a child?
UK children law doesn’t give a parent custody of their child automatically by virtue of being a parent, whether you are an unmarried or married parent. However, if custody is in dispute, either parent can apply to court for a child arrangements order.
A child arrangements order is a bit like the old custody and contact orders as a child arrangements order sets out the person the child should live with and the contact arrangements with the other parent or other extended family members.
A child arrangements order can be very flexible and can say that there should be equal or shared parenting or, at the other extreme, the court order can say that one parent should have no contact or only indirect or supervised contact with the child.
When making a child arrangements order the court will make an order that the family law judge thinks is in your child’s best interests. The judge will consider arrange of factors when making his or her decision. These factors are known as ‘the welfare checklist’. The checklist includes looking at your child’s wishes and feelings in light of your child’s age and understanding as well as assessing how capable each parent is of meeting your child’s physical and emotional needs.
When considering the welfare checklist and what specific child arrangements order to make the court won't consider the legal status of the parent’s relationship as a very relevant factor in the decision making process. That is because the test for what child arrangements order to make, and who should get custody, is based on what is in your child’s best interests rather than the status of the parent’s relationship.
In today’s age, family judges are of the view that whether you are a married mother or father or unmarried the issue for the court to determine is what custody and contact order best meets a child’s needs. A mother and father may have been in an unmarried relationship for many years and whilst you may think that in that scenario the mother will have more ‘’rights’’ over their child a judge will make a child arrangements order, setting out the custody and contact, that he or she thinks will meet the needs of the child. For example, if the father is a loving father who has always enjoyed a close relationship with the child a shared care order may be appropriate. On the other hand, if one parent has either been physically or emotionally abusive towards the child then this would be a reason to give custody of the child to the other parent and to stop or limit the contact to the other parent.
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When it comes to children law the court looks at things from the perspective of what is best for the child and in the child’s interests. That consideration does not pay a lot of heed to whether you are married or unmarried or in a civil partnership but instead focusses on your child and their characteristics and needs. Accordingly, in the court’s eyes, it is far more important that a parent wants and is able to commit to a long term relationship with their child after a parental separation than the legal status of the parental relationship.
If you are a parent engaged in a custody or contact dispute then children law solicitors will recommend that you don’t focus on the status of your relationship with the other parent and instead focus on your child’s needs and best interests. That way the court is far more likely to be persuaded to make the type of child arrangements order that you are seeking.
How can Evolve Family Law help?
At Evolve Family Law we recognise that every family is different and we therefore welcome calls to discuss how we can help your family, whether it is an application for a parental responsibility order or a child arrangements order or to discuss the potential legal costs of going to court for a child custody order. Call us or complete our online enquiry form . We can also set up a video conference, skype or telephone appointment so you can speak to an experienced Cheshire children law solicitor from anywhere in the world.
Louise Halford
Jan 21, 2021
Getting in contact with Evolve Family Law could not be easier.
We put a lot of legal information on our website and if you have a single question about your situation, you should find an answer in our blog here.
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Unfortunately due to the level of single question enquiries we receive, we cannot guarantee to provide written answers to individual questions posted via this enquiry form.
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