Child Abduction and Relocation
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:
- Prohibited Steps Orders
- Specific Issue Orders
- Hague Convention applications
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“We handle clients with sensitivity and understanding throughout”
"Impressive group with expertise in both matrimonial finance cases and children matters. A strong childcare team handles cases involving physical and emotional abuse, as well as fatalities. Well versed in matters with international aspects, Hague Convention cases, as well as adoption and guardianship issues.
Chambers UK, 2018
Anton Balkitis frequently represents the operators of both goods and passenger vehicles in court proceedings. Clients remark: "He has a commercial understanding of real-life issues and will always provide a balanced view
Chambers UK, 2019
Impressive group with expertise in both matrimonial finance cases and children matters. A strong childcare team handles cases involving physical and emotional abuse, as well as fatalities. Well versed in matters with international aspects, Hague Convention cases, as well as adoption and guardianship issues.
Chambers UK, 2018
My previous dealings with Rotheras have always been excellent-total efficiency and professional. Jayne Smith previously and now Emily Weston. I would always use Rotheras as my solicitors. Thank you.
Chris Powell at Rotheras was recommended to us by a trusted associate within the Transport Industry; without doubt we wouldn’t have had the excellent outcome we did without his and his team’s involvement. The level of professionalism, expert advice and assistance was faultless; we felt reassured and well informed throughout the whole process. It was a pleasure to do business with him and would highly recommend his services!
Julian Brindley - John Brindley Ltd
The team at Rotheras, and Mr Powell in particular, have provided us with an outstanding service. We are extremely grateful for the help and support they gave us in dealing with issues relating to our transport operations and our goods vehicle operators licence. Mr Powell was professional, knowledgable, efficient and effective. He quickly understood our business and the problem we had. He responded with sensible advice and acted quickly on our behalf to resolve the matter. I cannot thank him enough for his help and I would recommend Mr Powell, and the Rotheras team, without hesitation. I am extremely grateful for the help they gave us.
Richard Hitchcock - Hitchcock & King
I would highly recommend James Briggs, solicitor at Rotheras. He has been extremely helpful, patient and thorough whilst helping me with affairs following the death of my husband. Even during lockdown (covid) he maintained communication and kept me informed of what was happening. He successfully achieved the outcome I needed and I would not hesitate to recommend him.
We are in the middle of launching our own packaging agency and contacted Rotheras for some professional legal advice with regards to contracts. After an initial call with Billy, he made it clear what we needed and asked plenty of questions to understand what it was we needed. He was very responsive to our questions, whether it be over the phone or via emails and made the process really simple. We had little experience in this area so it was fantastic to work with Billy, who explained everything concisely. We were also really pleased with the quick turnaround and great value offered. Would thoroughly recommend working with Rotheras.
Tom Burden, Director of Rightbox Ltd
Billy understood our requirement from the get go and really nailed down on what we needed in our commercial agency agreement. Billy kept us informed every step of the way and showed great professionalism. We would recommend his services to any start-up business who is in need of legal advice and guidance with commercial contracts.
Axl Barber, Sales Director of Rightbox Ltd
I was extremely pleased with the service that Kerry provided in order to sell my mothers house. Good, prompt communication and all questions dealt with or answered as requested. Consequently I would recommend yours services to others.
Anton has substantial experience acting for commercial goods hauliers and other transport operators. He advises on a range of contentious issues including operator licence, maintenance and tachograph matters, with a wealth of experience acting in public inquiries before Traffic Commissioners."Anton is a highly informed and personable lawyer.
Chambers UK, 2020
Chris Powell focuses his practice on road transport issues, regularly representing haulage, transport and logistics companies. He has considerable experience in regulatory matters involving operator licences and compliance failings, as well as more serious criminal investigations relating to fraud.
Chambers UK, 2020
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 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 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.
Jasmine Jackson is a Solicitor in Rotheras’ Family and Child Care department and is based at our Lace Market Office.
Gabriella Kent is a Solicitor in Rotheras’ Family and Child Care department and is based at our Lace Market office.
Rebecca Lister is a Solicitor within our Family Department and specialises in children and child care proceedings, regularly representing parents during care proceedings.
Emily Sherwood is a Trainee Solicitor in Rotheras’ Family department and is based at our Lace Market office in the heart of Nottingham City Centre.
Chris specialises in children matters and provides support to Ann-Marie Bowman.
Skyler Broadhead is a Senior Paralegal in Rotheras Solicitors Child Care department and is based at our Lace Market office.
Beccy Rodham is a Senior Paralegal in Rotheras Family Law department and is based at our Lace Market office.
New motoring offence of ‘Causing Serious Injury by Careless Driving’ comes into effect
As of 28 June 2022, a new offence of causing serious injury by careless or inconsiderate driving will apply. If your driving is “below” the expected and results in the “serious injury” of another, then this can be construed as causing serious injury by careless or inconsiderate driving.
Posted on 28/06/2022