If a father of a child has parental responsibility for a child, his consent is needed before his child(ren) can be removed from the country.
A birth mother will automatically has parental responsibility. However, fathers do not always automatically have it. If the parents are married at the time of the child’s birth or the father is named on the child’s birth certificate (after December 2003) then he will also have parental responsibility. However, if the parties are not married and the father is not named on the child’s birth certificate, he will not automatically have parental responsibility. It is possible for a father to obtain parental responsibility by either the mother consenting to this and entering into a Parental Responsibility Agreement or by applying to the Court.
This means that if Billy does not have parental responsibility for his children, Honey could take his children to Canada without his consent. However, as the children’s biological father, he could seek an urgent prohibited steps order from the Court to prevent Honey from leaving the country with his children.
If you are in this position or know anyone who might be, please contact the family department at Swain & Co on 02392 492967 as we will be able to provide advice and assistance in relation to this issue.
Once a child has been removed from the country it is much more difficult to take steps to have them returned. Therefore, if you are concerned that your child(ren) are at risk of being removed from the country, take urgent advice as soon as possible.
Family Department