Child Travel Disputes & Prohibited Steps Orders – Family Law Solicitors Manchester
When parents separate, disagreements can sometimes arise regarding whether a child can be taken abroad for holidays or other purposes. In some situations, one parent may be concerned that the other parent intends to remove the child from the UK without consent.
UK law recognises that both parents with parental responsibility have rights and responsibilities in relation to important decisions affecting their child, including international travel.
If you are worried that your former partner may take your child abroad without your agreement, legal remedies are available to protect your child.
At TM Fortis Solicitors, our experienced family law solicitors regularly assist parents across Manchester with urgent applications to the court to prevent a child from being removed from the UK.
Can My Ex Take My Child Abroad Without My Permission?
In most cases, a parent cannot take a child abroad without the consent of everyone who has parental responsibility for the child.
Parental responsibility usually applies to:
- The child’s mother
- The child’s father (if married to the mother or named on the birth certificate in most cases)
- Individuals who have obtained parental responsibility through a court order
If one parent removes a child from the UK without the consent of the other parent or permission from the court, this may amount to child abduction under UK law.
When Is Permission Required to Travel Abroad?
Permission from the other parent is normally required if both parents have parental responsibility.
However, there is one common exception.
If a Child Arrangements Order states that a child lives with one parent, that parent may usually take the child abroad for up to 28 days without the other parent’s consent, unless the court order states otherwise.
Even in these situations, it is often advisable for parents to communicate and obtain agreement before making travel arrangements.
What If I Believe My Child May Be Taken Abroad Without Consent?
If you believe that your child may be taken abroad without your permission, it is important to seek legal advice urgently.
The court has the power to prevent a child from being removed from the UK through a Prohibited Steps Order.
What Is a Prohibited Steps Order?
A Prohibited Steps Order is a court order that prevents a parent or another person from taking certain actions regarding a child without the court’s permission.
In cases involving international travel, a Prohibited Steps Order may prevent someone from:
- Removing a child from the UK
- Applying for a passport for the child
- Taking the child abroad without consent
- Changing the child’s residence
These orders are designed to protect children where there is a risk that one parent may remove the child without the agreement of the other parent.
Emergency Applications to Prevent Child Removal
In urgent cases, it may be possible to apply to the court for a Prohibited Steps Order on an emergency basis.
The court can sometimes deal with these applications very quickly, particularly if there is evidence that the child may be taken abroad imminently.
In some situations, the court may grant an order without notifying the other parent beforehand if there is an immediate risk.
The court may also take additional protective measures such as:
- Ordering the surrender of the child’s passport
- Preventing the issue of a new passport
- Alerting border authorities
What If My Child Has Already Been Taken Abroad?
If a child has already been removed from the UK without consent, this may amount to international child abduction.
The UK is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, which provides a legal framework for returning abducted children to their home country.
Urgent legal action may be required in these situations, and specialist legal advice should be sought immediately.
How the Court Decides These Cases
When deciding applications involving children, the court’s primary concern is always the welfare and best interests of the child.
The court will consider factors including:
- The child’s safety and wellbeing
- The risk of the child being removed from the UK permanently
- The relationship between the child and each parent
- The reasons for the proposed travel
The court will aim to ensure that the child’s welfare is protected while maintaining appropriate relationships with both parents where possible.
Resolving Disputes About Travel Abroad
Many disputes regarding children travelling abroad can be resolved through discussion or mediation.
Parents may be able to reach agreement regarding matters such as:
- Holiday travel arrangements
- Providing contact details while abroad
- Consent forms for travel
Where agreement cannot be reached, the court can make decisions about whether travel abroad should be permitted.
How TM Fortis Solicitors Can Help
Our experienced family law solicitors regularly assist parents with urgent child law matters including:
- Prohibited Steps Orders to prevent a child being taken abroad
- Emergency court applications
- Child Arrangements Orders
- International child abduction cases
- Negotiating agreements between parents
We understand that these situations can be extremely stressful and urgent. Our solicitors aim to provide clear advice and swift legal assistance.
Contact Our Family Law Solicitors
If you are concerned that your former partner may take your child abroad without your permission, our experienced family law solicitors at TM Fortis Solicitors in Manchester can provide urgent legal advice.
Contact TM Fortis Solicitors today on 0161 220 6040 to discuss your situation and explore the legal options available to protect your child.
