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.
[related_posts]
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.
[related_posts]
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
[related_posts]
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 Record My Child And Use The Recording In My Child Arrangement Order Application?
It's beyond frustrating when you know your child wants to live with you or spend longer with you but no one is listening.
Our North West family law solicitors are asked whether parents can secretly record their children and use the video clip as evidence in court.
If you need help with sorting out custody or contact our experts can advise you on a child arrangement order application and represent you.
For family law advice call our team of specialist divorce lawyers or complete our online enquiry form.
Should I record my child saying they want more contact?
If you are separated and your ex-partner is adamant your child says they don’t want to spend more time with you it is tempting to prove your ex wrong. You may want to openly or covertly record your child’s views on their living arrangements. Here are five reasons why it’s not a good idea:
Your ex-partner won't believe the recording
Your former partner will say you manipulated your child
Your child will be told you can't be trusted
Your ex-partner may stop the contact you currently have
Your ex will bring up the fact that you recorded your child if you make a child arrangement order application
Can I secretly record my child and show the recording to the CAFCASS officer?
Some parents are tempted to covertly record their children because the referral to CAFCASS seems slow. That’s because, according to CAFCASS statistics, between April 2023 and March 2024 the organisation received 39,661 children’s private law referrals.
If you have applied for a child arrangement order and you are getting a bad vibe about what the CAFCASS Section 7 report may say then don’t make the situation worse by secretly recording your child saying that they want to live with you or spend more time with you.
If you tell a CAFCASS officer that you have a recording they will want to disclose that to the court and the other parent. The recording may flag up safeguarding concerns. For example, was the child coerced into saying what they said or manipulated? The recording may also raise trust issues. Can you be trusted not to record what the other parent says to you or your meetings with the CAFCASS officer?
Can I use a recording of my child as evidence in a child arrangement order application?
Let's set the scene. The CAFCASS officer has filed a Section 7 report in your child arrangement order application. The CAFCASS officer says your son does not want extra contact with you. You don’t agree and have recorded your son saying they want to spend every minute of every weekend with you. It’s a cute video. When the CAFCASS officer gives evidence in court you plan to play her your covert recording.
It reads like one of those TV court moments. What we can guarantee is:
The judge will be unimpressed by your actions and
The CAFCASS officer won't say in the witness box that the recommendations in their report are wrong
Your actions may mean that you end up with less contact than the judge might otherwise have ordered.
When can I use a covert recording of my child in a child arrangement order application?
A covert recording can rarely be used in a child arrangement order, specific issue order, prohibited steps order or relocation order application.
The reason why CAFCASS officers are asked to prepare a court report on your child’s wishes and feelings is so they can independently find out your child’s views on living arrangements and make recommendations. If you secretly record your child and ask to use the recording as evidence the judge will decide whether to allow you to do so. They make their decision based on previous case law and guidance issued by the Family Justice Council.
If I can't use a recording, can I ask the judge to meet my child?
It is rare for the judge to meet with a child because:
It is thought that going to court is stressful for children
The child doesn’t get to decide on the child arrangement order application
The CAFCASS officer's job is to relay your child’s wishes to the court
If the judge does decide to see an older child, the judge will normally meet them in a private room and not in the courtroom. Neither parent will be present at the meeting although the judge will relay the gist of what the young person said.
[related_posts]
If I can't use a recording of my child, how can I involve them in sorting out their living arrangements?
Understandably parents and older children can get frustrated if they think they are not being listened to. Equally children of any age should not think that if they say what they want to do then that’s what will happen. Their preferred residence or contact plans may not be suitable for either parent or fit in around parental work schedules.
There are lots of ways your child can get involved in working out the best post-separation living arrangements:
Family discussions
Family mediation
Being made a party to the court proceedings
Family discussions only work if you and your ex-partner can have a civil discussion. If not, it isn’t fair to involve your child in direct discussions.
Family mediation can include an older child but the mediator must be qualified in this type of mediation. It can work well if you have a teen - although neither you nor your ex-partner may like what your child has to say.
When child arrangement order proceedings are started, either parent can ask the judge to order that the child is joined as a party to the court application. It's rare for the court to agree to this request other than in complicated situations or where the court thinks that neither parent is saying what the child wants.
Why should I not video-record what residence and contact arrangements my child wants?
Covert video recordings may appear the simple solution when you and your ex can't agree on what your child wants but:
Your child’s wishes are not the only factor in deciding living arrangements
Court guidelines and caselaw are against it
Recordings can be counter-productive
You may be found to be manipulative and controlling
Before you decide to record your child either openly or covertly speak to a children law solicitor so you understand the implications and what it could mean for you in your battle to get to see more of your son or daughter.
For family law advice call our team of specialist divorce lawyers or complete our online enquiry form.
Louise Halford
Dec 21, 2024
New Regulations To Protect Children In Cross Border Disputes
We are delighted to highlight that some good news has come out of Europe. New EU regulations have been set out to help protect children and parents involved in cross border child custody and access disputes.
Protecting children in cross border disputes
On the 25 June, the Council of the EU adopted a revision of a regulation setting out rules on the jurisdiction, recognition and enforcement of decisions in:
Matrimonial matters;
Parental responsibility matters;
Intra-EU child abduction
The council said that one of the main objectives of the revision to the EU regulation was to improve the current protection that EU directive gives to children in cases of cross-border children disputes, for example:
Custody (nowadays referred to as residence or a child arrangements order in the UK );
Access rights (nowadays referred to as contact or a child arrangements order in the UK );
Child abduction.
The focus of the new EU regulations is to ensure when resolving cross border children disputes involving more than one EU country that :
The focus is on what is best for the child;
Judicial co-operation between EU countries is faster and more efficient to make sure the child’s well-being comes first. It is anticipated that speedier court decisions will be made through abolishing the requirement for an exequatur (an intermediate procedure required to obtain cross-border enforcement).
[related_posts]
People often assume that EU law will not affect them and their families but statistically there are about 140,000 international divorces per year. It is reported that there are about 1,800 cases of parental child abduction in the EU. The number of international divorce cases rises each year as people become increasingly mobile because of work and travel opportunities.
With the update of the Brussels IIa Regulation, the intention is that a child abducted by one parent from an EU country and taken by the parent to another country within the EU will be returned much faster to the country where he or she is used to living in.
Top Manchester children solicitors have welcomed the new EU regulation but have issued a note of caution. UK families caught up in EU cross border disputes will only get the protection and assistance of the new regulation whilst the UK remains in the EU. Subject to Brexit, the additional protection may be short lived. That will not stop child custody solicitors from fighting to reunite parents and children caught up in cross border child custody and access disputes.
The top tip if you fear child abduction or need to enforce a UK custody or child arrangements order across different border jurisdictions is to take early specialist child custody legal advice on your options and to act quickly.
For legal help with child custody and access or child abduction please contact us
Robin Charrot
Jul 22, 2019
Can I Move With My Children After Divorce?
If a parent had asked me the question "After my divorce, can I move to another part of the country with my child?’’ a few months ago I would have said "Yes you can", unless the family situation was complicated.
As a Manchester children solicitor it is always hard to explain to a parent why different rules apply if, after a separation or divorce, you want to relocate in the UK or abroad with your child.
The law and moving within the UK with a child
The law on relocating with a child within the UK not always clear. Imagine the scenario of a parent who wants to move from Manchester to Cornwall. Anyone who has made the trip by car, train, coach or plane knows that it is far easier and quicker to get to some locations in France or Spain than get to Cornwall.
Until recently, our children solicitors’ advice would have been that it was unlikely that a court would stop the primary or main carer of a child from moving within the UK. That advice was given whether it was a move from Cheshire to Derbyshire or further afield, for example, to Devon.
The only reported family court cases where a parent, usually the mother, had been prevented from moving within the UK with a child was when there were highly exceptional circumstances. For example, the child had a disability.
The internal relocation of children and the case of BB V CC
The case that is proving of such interest to Manchester children solicitors is that of a 3-year-old little boy in a family court case labelled ‘’BB V CC’’.
The mother and father separated and the move took the child from South East England to the North. Court proceedings were started. The court made a shared custody or child arrangements order and said the mother would need to move back to the south with the child so that shared custody with the father would work.
The child’s mother appealed against the decision.
The facts of most family cases are a little more complex than the bare bones. In family cases, it can be the detail that sways a judge’s decision. In every family court case, the decision has to be about what is in a child’s best interests.
In the case of BB V CC, the parents had an arranged marriage. The mother came to the UK to live with her husband at the paternal family home in London. When the child was about one the parents separated. The mother relocated to the North.
The father saw this as child abduction as the mother had not discussed the plan with him. The mother made serious allegations of domestic violence against the father and his parents.
The court decided that the allegations of domestic violence against the paternal family were not established. The judge was concerned that parental alienation might take place if the father was not able to share the care of the little boy.
The court ordered temporary contact but said the mother should relocate back to the southeast, near to where the father resided.
The court said if the mother did not move back to the southeast with the child the court would think about giving the father custody of the child.
The Appeal
The mother appealed against the judge’s decision. She said there were no exceptional circumstances that should require her to relocate with the child within the UK.
The appeal judge decided that the care of the little boy should be shared. The court said it was not possible for both parents to share the care of their son and live at other ends of the country. The judge therefore refused the mother’s appeal.
[related_posts]
Parental alienation and moving after divorce
In the court judgment, the judge said she thought that parental alienation might take place if the mother stayed in the northeast and brought up the child with infrequent contact with his father.
The judge said the child could suffer emotional harm if parental alienation took place.
Internal relocation and exceptional circumstances
The judge in the case of BB V CC considered the case law and decided that a children case did not have to be exceptional in order to make an internal relocation order.
The judge said that the court should assess what was in the child’s best interests, and that the child’s welfare should be the court’s paramount concern.
Opposing the internal relocation of children
The court decision of BB V CC is likely to increase the number of parents wanting to bring court applications to try to use the court process to stop a parent and child from moving within the UK.
Our children solicitors anticipate that, for parents wanting to move, it will be argued that the case of BB V CC should be looked at on its family facts. Namely the judge’s dismissal of the allegations of domestic violence and her concerns about parental alienation by the mother if the child was brought up a long distance away from the father.
The law and relocating abroad with a child
The law says that if a parent wants to take a child abroad to live then they need the written agreement of the other parent or a court order giving them permission to take the child abroad to live.
How can Evolve Family Law Solicitors help?
To get legal assistance from our children law expert Louise Halford about the internal relocation of children in the UK , children law applications and child arrangements orders please contact us.
Louise Halford
May 24, 2019
Risks of Taking Children to Live Abroad After Separation
For one mother there was a happy ending, all thanks to the Court of Appeal. The appeal judges decided to reverse an earlier Court’s decision that said two children should be returned to the USA whether or not their mother could get a visa to re-enter the States.
The family Court appeal made all the difference.
The family Court appeal centred on whether two children, age 5 and 3, should return to their country of birth, the USA, at their father’s request under a Hague Convention Court application. The mother had taken the children to England, the country of her birth, without a USA Court order or the father’s agreement, after marriage difficulties made her conclude that she and the children should live in the UK. If the mother had realised the complexity of the immigration issues facing the father and herself she may well have thought twice and not taken the children out of the USA.
For the children immigration wasn’t a problem as they had dual citizenship, having been born in the States and having British citizenship through their mother. The children’s Pakistani father was classified as an illegal over-stayer in the USA and if he decided to come to the UK to challenge Court rulings or to see the children he faced not being able to get back into the States, a country that he had called home from the age of 12. For the mother, as a British citizen who had entered the USA on a temporary visa and married the father in the States, it was unlikely she would be able to get a visa to go back to the States.
The situation of both parents was stark. If the father ‘won’ his Hague Convention application and the Court ordered the return of the children to the States to enable the USA Court to decide on what was in the children’s long term interests, then the mother was unlikely to get a visa to go back with them. The High Court ruled in the father’s favour and the mother felt she had no alternative other than to appeal.
The Court of Appeal then faced the dilemma of deciding if the children would be exposed to a grave risk of harm if returned to the USA under the Hague Convention. The mother ran this argument as there are limited defences available to try and stop a Hague Convention ordered return. The Appeal Court concluded that the children could not be removed from their primary carer despite the fact that the mother had created the situation that the family found itself in and even though the Appeal Court decision made contact between father and children problematic given his precarious immigration status in the USA.
[related_posts]
The family circumstances may appear unusual but as a child abduction solicitor I often have to investigate the immigration issues that arise after a child has been taken out of or has entered the UK and present the best possible evidence on immigration status and attachment. It is vital to do so as immigration status can be the key to the Court decision, as it was in this case as the children’s attachment to their mother as their primary carer, meant they would be at risk of harm in returning to the States without her. Would you risk it? The High Court decision, reversed by the Court of Appeal, shows just what a risk was taken. Sadly though there are no winners or losers in this family situation as the father now faces the same immigration dilemmas and difficulties in seeing his children.
For help with child abduction or children law please contact us
Louise Halford
Apr 05, 2018
The Effect of Child Relocation on the Family
In the immediate aftermath of a parental separation it can feel devastating to not be there every night to read a bedtime story to your child or, if they are older, to help them with their homework. Imagine how much more difficult it is to come to terms with a separation if one parent announces their decision to move abroad with a child. It’s highly unlikely that the parent left in the UK will be able to continue to see the child each week, take the child to ballet or football practice or to be there as a taxi service after the first school dance.
I may paint a vivid picture but that is the reality for the parents I represent in child relocation applications. As a specialist children and child abduction lawyer I am in the privileged position of meeting parents and getting a snapshot of their family lives. That’s necessary to help me gain a real appreciation of why a parent is desperate to move abroad with their child or how not only a parent but the child’s extended family will be effected if a child does move abroad.
What happens if a parent objects to a move abroad?
If one parent wants to move abroad and the other parent objects there are a number of alternatives:
The parent can still move abroad – they just can't take their child with them unless they get the other parent’s agreement or Court permission;
The parent could take the child abroad without agreement or Court order – that may amount to a criminal offence under child abduction law and ultimately could lead to the child’s removal from the parent;
The parent could apply to Court for permission to take the child abroad to live or the other parent could apply to Court for an order prohibiting the child’s removal from the UK.
Even after Court proceedings have been started it can sometimes be possible to reach an agreement over whether a child should move abroad. It is my job when representing parents facing an application for a child to live in a foreign country to weigh up the chance that the Court application will be successful, and if the prospects are high, to negotiate the best contact arrangements.
How does a Court decide my child’s future?
Whether the Court is deciding on whether your child should move to France or Bermuda or if the child should live with you or their other parent the Court has to look at what the judge thinks is in the child’s best interests taking into account a set of criteria known as the ‘’welfare checklist’’.
When a judge makes the decision if a child should relocate abroad the child’s interests aren’t paramount as the Court has to consider the effect of granting or refusing the application on both parents. That is why it is so important for a solicitor to know all about family life and not only what the child will gain and lose by a move abroad but how the Court decision will impact on each parent.
A parent refused permission to take their child to their country of origin and where all their extended family still live may find the Court refusal more difficult to accept than a parent who wants to move for lifestyle choices or because they have found a new job based abroad.
No two parents are the same and even if the parents of two children in different families have the same amount of contact with their child each week the emotional effect of a move on the parent left behind can be very different; one parent may quickly adapt to travel abroad to see the child and the other may become depressed and unable to come to terms with the Court decision.
Although the Court is focused on the child’s needs as a lawyer it is my job to not only to look at the Court criteria in relation to the child but also the impact of a decision on the parent I am representing. That’s because if either parent is devastated by the Court decision and can't come to terms with the ruling then it is bound to have a negative impact on the child. That is something that a Court needs to consider when deciding whether it is in a child’s best interests to move out of the UK.
[related_posts]
What next?
If you are a parent contemplating a move abroad with a child or a parent facing a potential Court application then the best option is to get legal advice. The sooner a parent gets specialist advice on the pros and cons of making or opposing a Court application and what steps they and their lawyer will need to do to successfully get permission or to oppose an application the better. It is like many things in life: tomorrow belongs to those who prepare for it today.
For help with the process of taking a child abroad to live or for help in opposing an application please contact us
Louise Halford
Mar 26, 2018
When Does Moving Abroad With Your Child Become Child Abduction?
The question of whether a mother’s decision to relocate from Australia to England with her two young children amounted to child abduction has been the subject of a Supreme Court ruling called Re C.
The Court decision is of interest as it highlights the fact that often the decision to move from one country to another with children isn’t straightforward and therefore it isn’t easy to say what amounts to ‘’child abduction’’ and when ‘’habitual residence’’ changes from the country of origin to the country of relocation.
In re C, two parents were living in Australia with their two children, the marriage ran into trouble and the father agreed that the British mother and the children (who had Australian citizenship) could take a trip to the UK for 8 weeks. The father then agreed, by email, that the trip could be extended to up to a year. During the year the mother decided that she wanted to remain in the UK with the two children. This decision resulted in the father applying under the Hague Convention for the children’s return to Australia.
The legal question was whether the children remained ‘’habitually resident’’ in Australia as, on the father’s case, their stay in England was only temporary. If the Court ruled that the children remained ‘’habitually resident’’ in Australia the Hague Convention rules would be applied and the children would go back to Australia .The long term decision as to which parent the children should live with and in what country would then be decided by the Australian family Court. The Australian Court would have the option to rule that the children should stay in Australia with their mother or father or grant an application by the mother to return to the UK with the children.
The mother resisted the father’s High Court application that the children should be returned to Australia arguing that the children were now habitually resident in the UK so the UK Court couldn’t apply the Hague Convention rules and summarily return the children to Australia for the Australian family Court to decide on the children’s future. The High Court agreed with the mother, the father appealed and the Court of Appeal agreed with the father ordering the children’s return to Australia. There was a further appeal to the Supreme Court. The Court held that the father’s application under the Hague Convention failed because the children had become ‘’habitually resident’’ in the UK and therefore the English Court could decide where the children’s future lay. Not all of the Supreme Court judges agreed with the leading judgment and a reading of the Court case and the various judge’s views shows just how finely balanced and complicated the decision was.
The decision on whether the children were habitually resident in Australia or England all came down to when the mother formed her intention to remain in the UK with the children. Was it a case of a mother who was struggling to decide what to do and where to live with her two young children or a case of planned child removal by tactically getting the husband to agree to a one year stay in England?
Why does the case matter? If the children had retained their habitual residence in Australia then under the Hague Convention the UK Court would have had to return the children to Australia using a quick summary procedure and without looking at the merits of either parent’s case namely that the children would be better off being brought up in Australia or the UK. Once back in Australia the mother might have found it harder to argue that the children should return to the UK with her.
However as the Court has ruled that the Hague Convention doesn’t apply the UK Court can now carefully decide what is in the children’s best interests: to live in England with their mother or return to Australia with their father and the sort of contact time they should spend with the parent who isn’t going to be caring for them on a day to day basis.
What does this case mean for a parent travelling with children to the UK? For the parent who has come over to the UK with their children it shows the depth of analysis of the legal concept of ‘’habitual residence’’ and the pouring over of detail and, in the case or Re C, the review of correspondence to try to determine when the children lost their habitual residence in Australia. Despite the Re C ruling many parents should be wary of the risks of arguing that their children have become habitually resident in England and thus the Convention doesn’t apply. That is because if the UK Court rules against them on the legal definition of habitual residence or on the facts of their case they start on ‘’the back foot’’ if they have to return to the country they departed from for that country to rule on their children’s long term future. The dilemma remains – do you apply for permission to take a child to live abroad in the country in which the child lives and risk Court failure or risk travelling abroad and the Court ruling that the child’s habitual residence remains the country of origin thus forcing a Hague Convention return and a more challenging Court application in the country of origin.
What does this case mean for a parent agreeing to their children going abroad with one parent for an extended period? It may mean that if the parent receives legal advice they will be less likely to agree to a child going abroad for an extended holiday as if their child is at risk of losing habitual residence the Hague Convention won't apply thus making it a lot harder to recover children from abroad.
The dissenting Supreme Court judge’s views show just how difficult it is to define the concept of ‘’habitual residence’’ and how easy it is to fall foul of child abduction laws and conventions. As a child abduction lawyer the case of Re C shows just how finely balanced Court decisions can be and the importance of parents taking legal advice before they take their children abroad or agree to an extended trip abroad so that they make informed decisions.
For advice on any aspect of children or child abduction law please contact us.
[related_posts]
Louise Halford
Feb 16, 2018
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.
If you need a greater level of help, please use this form and one of our team will call you to make an appointment. Please note that we cannot offer Legal aid.
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.
1
Call us on 0345 222 8 222
2
Email us at info@evolvefamilylaw.co.uk
