All too often parents who are divorced or separated cannot agree on where the children should live. the parent who is the children’s main carer may wish to return to the area from where they originate and this may be some distance from the other parent who will then not be able to see the children so frequently. However, if your ex-partner has removed or is threatening to remove your child without your consent, you can take action.
We can act on an emergency basis and bring an application before the court. You could even be in court the same day that you have consulted us if necessary. We understand the trauma and distress of child removal and aim to offer empathetic and practical advice with immediate action to resolve the issue and ensure the child’s safety.
Under the Child Abduction Act 1984, it is a criminal offence to remove a child under the age of 16 from this country without the consent of the other parent with parental responsibility. If parents who are separated or divorced cannot agree on a child’s country of residence, the parent wishing to take the child out of the country must go to the court to obtain an order giving permission.
If they do not and there is a real risk of your child being taken to live abroad without your consent , we are ready to help. We offer an emergency service and can make an immediate application to seek to prevent unlawful removal or to procure the safe return of your child.
If the country concerned is in the Hague Convention then action can be taken to achieve the safe return of your child if they have already been removed to such a country.
If the country concerned is not a member of the Hague Convention then an application can be made to the High Court for wardship.