How can you legally prevent a child from being taken abroad without consent?

You can ask the court for an order stopping the other parent, or another person, from taking your child out of England and Wales without your agreement or the court’s permission. This is called a Prohibited Steps Order. The order can be adapted to deal with the particular concern. For example, the court may stop travel, require passports to be handed over, or prevent arrangements being made for the child to leave the country. If the risk is urgent, the court may be able to deal with the application quickly. In some cases, the court can make an order without telling the other person first.

You may also be able to take practical steps in relation to passports and other travel documents. If there are concerns about a British passport application, HM Passport Office may be contacted, although a court order is usually needed. If your child may also be entitled to a passport from another country, it may be sensible to contact the relevant embassy or consulate and ask that a passport is not issued. The embassy or consulate does not have to agree, but it may do so voluntarily.

A Passport Order is an urgent order, usually made by the High Court, requiring passports and other travel documents for the child, and sometimes for the adult who may remove the child, to be handed over. It is designed to prevent the child from being taken out of the country while the court considers what should happen next. An application can usually be made urgently, and in appropriate cases without giving the other person notice first, where there is clear evidence of a real risk of abduction. If granted, the order can require the surrender of specified passports and travel documents and can prevent replacement documents being obtained.

A Location Order is another urgent order which may be made where the child’s whereabouts are unknown, or where there is concern that the child may be hidden or moved before protective steps can be taken. It can require people or organisations to provide information about where the child or parent is, so that the child can be located and the court can take further action if necessary. This can be particularly important where there is a concern that a child may be removed from England and Wales imminently.

If you believe your child may be taken out of the country very soon, a port alert may be appropriate. A port alert alerts UK points of departure, such as airports, ports and international train stations, so that the authorities are notified if someone tries to leave the country with the child. A port alert is commonly attached to a Passport Order or a Location Order. The court can also make a standalone port alert order where this is justified by the evidence. In urgent cases, the police may be able to request a port alert if the child is likely to be taken abroad within 48 hours. A port alert is usually a short-term emergency step, so urgent legal advice should also be taken.

The court will focus on what is best for the child and whether there is a real risk that the child may be taken abroad and not returned. Helpful information may include messages about travel plans, one-way flight details, threats not to bring the child back, strong links to another country, previous breaches of agreements or court orders, or concerns that the other parent has applied for travel documents without telling you.

If your child has already been taken abroad, you should seek urgent specialist advice straight away. In some cases, there are legal processes that can help secure a child’s return, including under the 1980 Hague Convention. This is an international agreement between many countries about returning children who have been wrongfully taken or kept abroad. If the country involved is not part of the relevant arrangements, the process may be more complicated, but there may still be legal and diplomatic options to consider.

Every family situation is different, and these cases can move very quickly. Taking advice early can help you understand the safest and most effective steps to protect your child. If you think travel may happen soon which you do not consent to, you should seek urgent advice immediately.