Unlawful Removal of a Child within the UK
There is no statutory restriction against moving a child within the United Kingdom. A person who has a Child Arrangements Order or Residence Order does not require leave to relocate but a proposed move can be challenged by the non-resident parent who could seek a Prohibited Steps Order or a condition on the Child Arrangements Order.
If someone threatened to remove a child from the care of a parent with parental responsibility or a Child Arrangements Order then the person holding the Order or with parental responsibility could seek a Prohibited Steps Order to prevent this happening.
We are able to act quickly in these cases. We provide free initial telephone consultations for all our clients. Legal Aid may be available in some cases. Call our specialist Child Law Solicitors now on 0844 800 9860 or contact us online for advice.
Securing the return of a child
If the child has already been removed then the person with parental responsibility or the Court Order can seek the aid of the Police. If it is thought there is a risk of abduction abroad the Police can put in place an all ports alert to prevent the child leaving the UK.
The Order can be made against a person holding parental responsibility (for example a father or mother) in order that the child can be returned to their usual place of residence if they have been removed from there or detained after a contact visit.
If there is no formal Court Order in place then the Applicant can be granted an Emergency Interim Child Arrangements Order to determine where the child would live pending the full hearing of the matter once the child has been located. A missing child can be traced and the Applicant can obtain an Order authorising an Officer of the Court or a Police Officer to find the child and deliver the child to the person with the benefit of the Order. Alternatively an Order can be applied for under the High Court’s inherent jurisdiction authorising the tipstaff to find and recover the child.
Such an Order can be enforced in other parts of the United Kingdom e.g. Scotland and Northern Ireland. There is also a power to order persons who may have information about a child’s whereabouts to disclose this.
We are able to act quickly in these cases. We provide free initial telephone consultations for all our clients. Legal Aid may be available in some cases.
Call our specialist Child Law Solicitors now on 0844 800 9860 or contact us online for advice.