Child relocation & abduction

This court order prevents a parent from taking certain actions concerning a child, such as removing them from the UK without permission.

A PSO can be issued quickly if there is an immediate risk, offering peace of mind and legal protection.

If there is a risk of imminent abduction, an application can be made for a Port Alert to be put in place by the police. This measure notifies UK ports and airports to prevent the child from leaving the country.

Port Alerts are typically reserved for high-risk cases, and they involve notifying border authorities about the potential unauthorised removal of the child.

This type of court order can be made to grant permission to relocate and to clarify particular concerns, such as travel conditions or restrictions or safeguarding measures if a parent has legitimate reasons to travel abroad with the child.

By seeking a Specific Issue Order, you can set clear boundaries that ensure both parents’ rights are respected.

Each of these legal options provides tailored protection based on the specific risks involved, and Anthony Gold Solicitors’ experienced family law team can advise on the best strategy to keep your child safe.

If the other parent does not consent to the move, you will need to apply to the family court for a specific issue order which gives you ‘leave’ (permission) to relocate with your child. Known as a Leave to Remove Order . This order allows you to move abroad with your child and is granted based on several key considerations, all focused on what is in the child’s best interests:

The Child’s Welfare:

The court’s primary concern is the welfare of the child. Any proposed relocation must consider how the move will impact their education, stability, relationships, and overall well-being.

Reason for Relocation:

The court will look closely at your reasons for relocating. A well-thought-out and practical plan for housing, schooling, and family support in the new country is essential to demonstrate that the move is genuinely in the child’s best interest.

Impact on the Child’s Relationship with the Other Parent:

Maintaining a relationship with both parents is extremely important, particularly if they are going to be living in separate countries. The court will assess the potential impact on the child’s relationship with the non-relocating parent and how contact will be managed post-relocation. This will factor into the court’s assessment of the child’s best interests.

A detailed plan for facilitating visits, virtual communication, and other ways to preserve this relationship can strengthen your application.

Long-Term Stability and Practicality:

The court considers the practicalities of the relocation, including financial arrangements, cultural differences, language barriers, and the general quality of life in the proposed new country.

Navigating these considerations can be complex, and Anthony Gold Solicitors will work with you to ensure every aspect of your case is presented effectively.

Relocating without permission from the other parent or a court order is a serious matter. Unauthorised relocation may result in immediate legal action, including:

• Return Orders: The court can issue an order requiring the child’s immediate return to the UK, which can be emotionally distressing and disrupt the child’s stability.
• Criminal Charges: In some cases, taking a child out of the country without consent may be considered a criminal offence, with potential consequences that can affect your rights and future ability to travel with your child.

To avoid these risks, it’s essential to seek proper legal advice before making relocation plans. Our team can guide you through the process to ensure your actions are fully compliant with UK family law.

You must also have permission of the other parent to relocate with a child to another part of the UK and to change their school. As with international relocation, it is important to seek legal advice before making any arrangements to relocate within the UK. We can advise you if you are intending to relocate within the UK or if you believe that the other parent might.