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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 Rothera Bray 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 Rothera Bray 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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Ann-Marie Bowman
Partner

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Rothera Sharp Solicitors’ ‘skilled’ team handles personal injury claims including public liability, accidents at work and road traffic accidents often involving – among others – children and foreign nationals. Recent work included settling a claim for a pedestrian involved in a road traffic accident, acting for a child claimant following a hand injury sustained at a playground and representing a claimant in a public liability claim pertaining to fractures sustained on a slippery floor. Elisabeth Halls combines ‘good judgement with the right amount of scepticism and has a proven ability to optimise outcomes for claimants.

Legal 500, 2017

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My previous dealings with Rothera Bray have always been excellent-total efficiency and professional. Jayne Smith previously and now Emily Weston. I would always use Rothera Bray as my solicitors. Thank you.

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Contact our Child Care Law Team
Our Child Care Team

Ann-Marie Bowman

a.bowman@rotherabray.co.uk

Ann-Marie Bowman is Partner and Chairwoman of Nottingham based law firm Rothera Bray. Working from our Lace Market and Derby offices, Ann-Marie remains highly committed to her fee-earning work in Family law, dealing with all aspects of children matters.

Sallie Clarke

s.clarke@rotherabray.co.uk

Sallie Clarke is a Consultant in Rothera Bray’s Child Care department.

Rebecca Lister

Rebecca Lister

r.lister@rotherabray.co.uk

Rebecca Lister is an Associate Solicitor in our Lace Market and Derby offices. She works within our Family Department and specialises in domestic abuse, children and child care proceedings, taking instructions from both parents and children alike.

Jasmine Jackson

Jasmine Jackson

j.jackson@rotherabray.co.uk

Jasmine Jackson is a Solicitor in Rothera Bray’s Family and Child Care department and is based at our Lace Market and Derby offices.

Gabriella Kent

Gabriella Kent

g.kent@rotherabray.co.uk

Gabriella Kent is a Solicitor in Rothera Bray’s Family and Child Care department and is based at our Lace Market and Derby offices.

Emily Sherwood

Emily Sherwood

e.sherwood@rotherabray.co.uk

Emily Sherwood is a Solicitor in Rothera Bray’s Family and Child Care department and is based at our Lace Market and Derby offices.

Chris Bradshaw

Chris Bradshaw

c.bradshaw@rotherabray.co.uk

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

Skyler Broadhead

Skyler Broadhead

s.broadhead@rotherabray.co.uk

Skyler Broadhead is a Senior Paralegal in Rothera Bray Solicitors Child Care department and is based at our Lace Market and Derby offices.

Hannah Lilley

Hannah Lilley

h.lilley@rotherabray.co.uk

Hannah Lilley is a Paralegal in Rothera Bray’s Child Care team and is based at our Lace Market and Derby offices. Hannah specialises in care proceedings and private children law matters.

Elise Wardle

Elise Wardle

e.wardle@rotherabray.co.uk

Elise Wardle is a Paralegal in Rothera Bray’s Child Care department and is based at our Lace Market and Derby offices in Nottingham city centre.

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