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.
Clear, decisive advice whether you’re planning to move with your child, or opposing a move you don’t agree with, in the UK or overseas.
Whether you’re the parent hoping to move for a new job, a fresh start, or to be closer to family, or the parent worried about losing time with your child, relocation cases move quickly and feel high-stakes. Our children law solicitors, led by Louise Halford, help parents on both sides of a relocation dispute understand their rights and act fast.
Get in touch – call us on 0345 222 8 222 or send us a message through our website, whichever suits you best.
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We understand relocation cases are often urgent, and we act quickly.
We’ve helped parents get permission to relocate, and helped parents stop a move they didn’t agree with
Our international family law expertise covers cross-border issues like the Hague Convention and mirror orders.
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Our children law and international family law specialist, Louise Halford, leads on relocation and abduction cases, helping parents on both sides of these disputes reach the right outcome for their family.
Only with the agreement of everyone who has parental responsibility for your child, or a court order giving you permission. Moving without either can amount to child abduction, even if you’re your child’s main carer.
Not lawfully, unless you have a court order. If you can’t reach agreement, you’ll need to apply to court, explain why the move is in your child’s best interests, and set out how contact with the other parent would work afterwards.
A leave to remove order is the court order that gives a parent permission to take their child to live abroad when the other parent (or anyone else with parental responsibility) doesn’t agree to the move.
It depends on whether a Child Arrangements Order is already in place. If one exists and your move would breach it, you’ll need the other parent’s agreement or a court order to vary it. If there’s no existing order, you don’t need court permission, but it’s best to discuss your plans first – your ex could otherwise apply for a specific issue order, prohibited steps order, or Child Arrangements Order to object (our children law page covers these orders in more detail).
You can appeal the decision, wait and reapply later once circumstances change, or move without your child while contact arrangements are worked out. Each option carries different risks, so it’s worth taking advice before deciding.
The court will usually make a Child Arrangements Order setting out where you can move to and how contact will work, covering things like the frequency of video calls, how often and for how long your child can visit the parent left behind, and whether they can fly unaccompanied. In some cases, the court will also require a “mirror order” in the destination country, so the arrangements can be enforced there too.
This is treated as urgently as possible. Many countries, including most of Europe, have signed the Hague Convention, under which a child taken without agreement or a court order is normally returned to the country they were taken from as quickly as possible. Our child abduction solicitors page covers this in more detail – if you’re in this situation now, please call us straight away.
Relocation cases move fast, and getting the right advice early can make all the difference, whether you’re planning a move or trying to stop one. There’s no pressure and no obligation.
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