When parents separate and communication is difficult it can be a real worry if one parent thinks the other may leave the country with the child(ren). The questions we are often asked are:
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Can I make sure my child will be returned from holiday?
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Can I prevent my child from moving abroad?
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Can I get my child returned if they are taken to another country?
Applications can be made to the court to:
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Put conditions or an agreement in place to ensure a child returns from holiday
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Prevent a child from leaving the country
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Declare that a child resides here and should be returned
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Holidays
Sometimes, it will be appropriate to write to the other parents first to see if they can confirm what their plans are, or if they can provide copies of any return flight details or holiday arrangements. If this information is not forthcoming, it may be that there is cause for concerns and an application to the court is required to obtain a prohibited steps order.
This is an order preventing the child from being removed from the country or it could instead impose certain conditions, such as presentation of return flight details.
Moving abroad
As above, we could seek assurances first but if this is not forthcoming there may be cause for concern. Again an application can be made to the court to prevent a child from leaving the country.
Other provisions can also be put in place such as passports being held by Solicitors or another third party.
Returning a child to England and Wales
If your child is already out of the country and it does not seem that they are going to be returned, it is important to get an application in to the court urgently. This process has to start quickly.
You should also check whether the child is in a Hague Convention country – http://www.hcch.net/index_en.php?act=states.listing
One of the issues a court has to address is where a child is “habitually resident”, i.e. where do they normally live. The longer they are away, the better the argument for the other parent to say they now live in the new country.
If you can get a court order saying that the children are habitually resident in England and Wales, it is a good starting point. It will mean that the children should be returned and court proceedings will take place here to determine where the children should live.
You may also want to take urgent action by contacting the Child Abduction Unit (http://www.justice.gov.uk/protecting-the-vulnerable/official-solicitor/international-child-abduction-and-contact-unit) who will start the process of liaising with the other country to assist in the return of your child.
We can provide you with advice about the process and what action can be taken. We can assist you using our Pay as You Go service, or our fixed fees as well as full representation or potentially legal aid.