Learning that your child’s other parent or guardian intends to move abroad and take your child with them can be extremely distressing and is likely to raise a host of emotional, legal, and practical concerns. In such a situation, taking prompt and well-informed steps will be essential.
Legal Rights
Parental responsibility is key in this situation. If you have parental responsibility for your child, their other parent or guardian cannot remove them from the jurisdiction of England or Wales without your consent or an order of the court. In this jurisdiction, parental responsibility is automatically granted to mothers. If you are a father, you will automatically have parental responsibility if you are married to the mother of your child at the time of their birth or are on your child’s birth certificate.
Port Alert
If you think that your child is likely to be taken out of England or Wales within the next 48 hours, you should initially call the police and ask them to issue a ‘port alert’.
The police will contact the National Border Targeting Centre and ask them to alert all points of departure from the UK (such as ports and airports).
Any port alert will remain in place for 28 days.
During that period, if your child presents at any port, their journey can be prevented.
Mediation or court proceedings
If it remains the intention of your child’s other parent or carer to remove them from the jurisdiction, they will need to obtain your consent or successfully apply for a court order providing permission for them to relocate.
Meanwhile, you could proactively seek to keep your child with you, by making an application for an order preventing their removal and confirming their living and care arrangements here in this jurisdiction.
Ultimately, the court’s paramount consideration is the welfare of the child. The court will follow the welfare checklist to determine what is in the child’s best interests, be that the child remaining in the UK or moving abroad.
If the court made an order permitting the relocation of your child, it should also make an order detailing how often you and your child spend time together and the mechanics of your visits.
Should you require any advice or assistance in relation to your child’s possible removal from the jurisdiction, please contact our experienced family law team and speak to a specialist lawyer who will be able to provide the guidance you need as to both law and process.
