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Child Abduction and Relocation

If you are divorced or separated and your former partner wants to take your child on holiday or to live abroad or elsewhere in the UK with them, then they are able to do so provided they have obtained consent from the relevant parties and are only away for a limited time period.

Under the Child Abduction Act 1984, it is a criminal offence to take a child abroad without first obtaining the permission of everyone else who has parental responsibility for that child. If you are the parent that the child lives with and there is a Child Arrangements Order-live with or Residence Order in place, then you do not need permission from any other person with parental responsibility for the child to take your child abroad for up to 28 days, however it is still advisable to seek their approval.  If you are a Special Guardian for a child, then you do not need permission from any other person with parental responsibility for the child to take the child abroad for up to 3 months.

If you and your former partner cannot agree on holiday arrangements for your child or in relation to your child moving to live abroad or relocating within the UK, then an application for a Specific Issue Order or Prohibited Steps Order can be made to court.  The court will regard the welfare of the child as the most important factor and make a decision based on what is in your child’s best interests

If you believe your ex-partner is planning to take your child abroad or elsewhere in the UK without your consent, or they have already done so, or if you want to take your child abroad and your ex-partner does not consent our child care team at Rotheras can help. We have considerable experience in advising parents in relation to child relocation and child abduction cases. We appreciate the urgency surrounding these types of situations and will act swiftly and efficiently whilst making sure you understand the complex laws and processes involved.   

Why use Rotheras for Child Relocation issues?

We are members of the Law Society’s Children Law Accreditation Scheme (also known as the Children Panel).

We can advise on international child abduction cases, including certain arrangements, agreements and International Treaties that apply depending on where your child has been taken.

We can help in both situations where a child has been taken out of the UK and situations where a child has been brought into the UK.

We can assist in putting a Prohibited Steps Order in place to prevent your ex-partner from taking your child out of the country without your permission.

We can assist by applying for a Specific Issue Order if you would like permission to take your client abroad.

We can help with Hague Convention applications.

We can also apply to the court to have your child’s passport or the passport of your ex-partner surrendered.

We can advise you on the different methods available to resolve your situation including alternative dispute resolution and mediation.

We can help you with:

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Contact our Child Care Law Team
Our Child Care Team
Ann-Marie Bowman

Ann-Marie Bowman

a.bowman@rotheras.co.uk

Ann-Marie Bowman is Partner and Chairwoman of Nottingham based law firm Rotheras. Ann-Marie remains highly committed to her fee-earning work in Family law, dealing with all aspects of children matters.

Sally Hartland

Sally Hartland

s.hartland@rotheras.co.uk

Sally Hartland is a Family, Matrimonial and Child Law specialist based at our offices in The Lace Market. Sally specialises and regularly represents both parents and grandparents in care proceedings.

Ruth Tyas

Ruth Tyas

r.tyas@rotheras.co.uk

Ruth specialises in all aspects of family law and since 2010 she has been an accredited specialist in private law children matters and in domestic abuse where urgent protective remedies are required.

Rebecca Lister

Rebecca Lister

r.lister@rotheras.co.uk

Rebecca Lister is a Solicitor within our Family Department and specialises in children and child care proceedings, regularly representing parents during care proceedings.

Chris Bradshaw

Chris Bradshaw

c.bradshaw@rotheras.co.uk

Chris specialises in children matters and provides support to Ann-Marie Bowman.

Sue Dutton

Sue Dutton

s.dutton@rotheras.co.uk

Sue Dutton is a Legal Executive in the Family and Childcare department at Rotheras and is based at our Long Eaton office.

Beccy Rodham

Beccy Rodham

b.rodham@rotheras.co.uk

Beccy Rodham is a Paralegal in Rotheras Family Law department and is based at our Lace Market office.

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