Everyone who has parental responsibility for a child under the age of 16 must consent before the child is taken abroad, unless a Court Order grants permission. If consent is not obtained and no Court Order is in place, the parent who removes the child from the jurisdiction may be committing child abduction, which is a criminal offence. If you are concerned that your ex-partner may take your child abroad without consent, you can apply to the Court for a Prohibited Steps Order to prevent this. If consent is refused, the other parent may apply for a Specific Issue Order, and in both cases the Court will decide the matter based on the child’s welfare and best interests.

It is very important to remember that consent must be obtained from everyone who holds parental responsibility for the child, including a Local Authority where a Care Order is in place. However, there is an exception where a parent has a “lives with” Child Arrangements Order in their favour, as that parent may usually take the child abroad for up to 28 days without the other parent’s consent, unless the Court Order states otherwise.

A father generally cannot take a child abroad without the other parent’s consent where they share parental responsibility, as doing so may amount to child abduction. A father will have parental responsibility if:

1. He was married to the mother at the time of the child’s birth;
2. He is named on the child’s birth certificate; or
3. Parental responsibility has been formally registered or granted by the Court. Where parental responsibility is shared, consent from all those who hold it is required unless a Court Order permits the travel.

There are limited exceptions to this requirement, such as, the father having a “lives with” Child Arrangements Order or alternatively, the Court may grant permission through a Specific Issue Order. These exceptions are explained above. Outside of these circumstances, a father should not take a child abroad without consent or a Court Order.

Refusing to return a child to the jurisdiction after an agreed/permitted trip abroad is a very serious matter. This may amount to unlawful retention of the child and could be treated as child abduction. The other parent may issue legal proceedings to secure the child’s return.

Refusing to give a child back where a Child Arrangements Order is in place which sets out when the child should live with each parent, would be a breach of a Court Order and may result in legal consequences, such as enforcement proceedings, fines and/or imprisonment. If there is no such Order in place then urgent legal advice should be taken to understand the legal position which will depend on the particular circumstances at that time.

Yes, you can report child abduction to the police as it is a serious criminal offence, and you should do so immediately. The police will investigate and decide whether a criminal offence has been committed. You should also seek legal advice as whether it is also appropriate to issue proceedings in the Family Courts to initiate civil proceedings.

No, you cannot just put your child on a ‘no-fly’ list. Instead, if you are concerned about the other parent removing the child from the country without consent you will need to apply for a Court order. This is further detailed below.

No, not all countries recognise child abduction. 103 countries are signatories to the 1980 Hague Convention which is the international treaty facilitating the return of abducted children. It is much harder to seek the return of a child from a non-Hague Convention country.

A parent with parental responsibility can take a child from the other parent’s care if there are no Court orders in place.

A child’s passport belongs to the child and is issued by the government; this cannot be unilaterally revoked or cancelled by one parent. If both parents are named on the birth certificate, they will share parental responsibility (unless there is a court order in place) both parents have a legal right and equal parental responsibility for decisions about their child’s welfare, including matters like travel. Both parents with parental responsibility must consent to cancelling a passport or seeking a court order.

If a parent is concerned that the other parent will remove the child from the country without their consent, the parent can make an application for a Prohibited Steps Order– prohibiting the parent from removing the child from the country. The parent could also seek for a Passport order and a port alert if they are concerned that the child is at risk of being removed from the country. This would mean that the child and parents’ passports would be seized and held by the High Court Enforcement Team, known as the Tipstaff, and that port alerts will be put in place to ensure they are not able to legally leave the country.

There is a common misconception that if you are the biological parent of a child, you can remove the child without the other parent’s consent without it being considered child abduction. However, this is not the case. Child abduction typically refers to the unlawful removal or retention of a child, against the wishes of the other parent or guardian. The other parent can seek a court order from the Family Division of the High Court to return the child. On the other hand, kidnapping is a criminal offence taking away one person (including a child), by force or fraud, without the consent and without lawful excuse.

For a more in-depth explanation, watch Kim discuss international child abduction law in our video guide. Kim explains what parents need to know and the steps that can be taken if concerns arise. Watch the video here: What you need to know about international child abduction law | RWK Goodman