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.
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.
Posted January 27, 2020
This was my first experience using a solicitor, something I felt quite daunted about. Rothera Sharp (Greg and Petra) put me at ease and were very helpful.
Posted January 27, 2020
Last year I experienced a car accident, as a front seat passenger. I put forward a personal injury claim with Rothera Sharp. From start to finish, my claim has been dealt with efficiently and professionally, and I have always felt my best interests were considered. All communications were made via letter or email to inform me of all further updates. My claim has now come to an end and I am very happy with the overall outcome. I would recommend Rothera Sharp for their service.
Posted February 4, 2020
We cannot recommend Chris Powell of Rothera Sharp more highly. Mr Powell demonstrated the upmost professionalism with a high level of knowledge of the area for which he was representing us. Anyone needing representation/advice regarding the area of haulage will find that Chris Powell and Rothera Sharp are the best choice.
Posted February 4, 2020
Claim dealt with efficiently and to a satisfactory conclusion. Wayne Vickers visited me at home initially and explained everything thoroughly. Professional service throughout. Recommended
Partner & Chairwoman
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.
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.
Sally Hartland is a Family, Matrimonial and Child Law specialist based at our offices in The Lace Market.
Rebecca Lister is a Solicitor within our Family Department and specialises in children and child care proceedings, regularly representing parents during care proceedings.
Family Law Executive
Chris specialises in children matters and provides support to Ann-Marie Bowman.
Sue Dutton is a Legal Executive in the Family and Childcare department at Rotheras and is based at our Long Eaton office.
Beccy Rodham is a Paralegal in Rotheras Family Law department and is based at our Lace Market office.
The recent case of Vance & Vance v Collerton & Collerton has illustrated that if it is not unreasonable to insist on the continued luxury of a widely granted right of way, an actionable interference will occur even if the person benefiting from the right is left with reasonable access.
Posted on 02/12/2020
Between 1970 and 2015, marriage was in sharp decline. This cultural shift, as more people choose to live together, means there is confusion over the rights of individuals in long-term relationships. With the number of divorce and cohabiting cases on par here at Rotheras, this post answers questions you may have, what you can do and how to navigate a highly emotional period in your life.
Posted on 01/27/2020