Unlawful Removal of a Child Within the UK
Do You Want to Relocate a Child Within the UK?
It would be very advisable to seek the consent of other person/s with Parental Responsibility before moving to another area in England or Wales with your child. It is as well possible for the left-behind parent to apply for a Prohibited Steps Order and this would ask the court to prevent the parent intending to move, from doing so. The court will consider the distance that the parent wishes to move and how straightforward it will be to organise contact with the parent left behind.
Ashmans Solicitors Family Law Team advise those people who are seeking help with all child care matters. Please lose no time in getting in touch with us. CALL US ON 0333 009 6275. Alternatively, you can email us at firstname.lastname@example.org
Securing the Return of a Child Following Unlawful Removal
If your child has been unlawfully taken from you and is within the UK, the person who has Parental Responsibility for the child can obtain an Order authorising an Officer of the Court or a Police Officer to find the child and deliver the child to back to them. 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 that information.
The Order can be made against a person holding Parental Responsibility (e.g. father or mother). So that the child can be returned to their usual place of residence. If someone threatens 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.
If you are worried that your child may be removed within the UK, or this has already happened, please call us now on 0333 009 6275. Ashmans Solicitors provide free initial telephone consultations for all of our clients, and please note that Legal Aid may be available in some cases.
Tracing a Removed Child Within the UK
If the child is believed to be within the UK but their location is not known, it is possible for parents and connected persons to make a court application to try and determine the child’s whereabouts. The longer it takes to trace a child, the harder the return of the child may become. This increases the worry that the child will get settled into their new residence. If they do so, then removing them again might cause them great distress.
If you are concerned about unlawful removal please call Ashmans Solicitors today. In certain circumstances you may qualify for Legal Aid – please see our page on Legal Aid. Ashmans Solicitors has an expert Family Law Team who can advise you. Please call us on 0333 009 6275 for an appointment. All enquiries are welcome. Ashmans Solicitors have offices in: Central London and East London, Dewsbury, Sheffield, Huddersfield and Leeds. Please see the Contact Us page for exact location details.
Related : Consent Orders and Clean Break Orders