My Ex Partner Is Moving Abroad & Wants to Take the Children, What Are My Rights?
Here at RDC Solicitors, our family department is faced with many questions regarding children during and after both separations and divorces. On occasion, we’re faced with a client whose ex-partner has decided to move abroad and wants to take their shared children with them. So, in this case, what are your rights?
Parental Responsibility
The first thing to establish is whether or not you have parental responsibility for your children. Unfortunately, parental responsibility is not a given if a father is not married to the mother and is not registered on a child's birth certificate. Also, even if the father is on the birth certificate, but it was registered before December 2003, he will not have parental responsibility. The good news is, even if you do not have parental responsibility for the child, you can still object.
Although the UK law on taking a child to live abroad is complex, if the child in question is habitually resident in the UK and the court has jurisdiction over them, then as the law stands, one parent cannot take the child abroad to live. Unless, of course, they have agreement from the other parent with parental responsibility, or a court order.
My Rights to Object
If you are in the unfortunate position of having to object to your ex-partner trying to move your children abroad, it’s important to know your rights. With the help of a legal professional, is possible to apply to the court for a Prohibited Steps Order, which prohibits the child being taken out of the UK. This type of order can be issued by the court to prevent a child’s parent from taking a particular action concerning the child, which includes moving abroad but may cover other aspects of a child’s life.
If the other parent makes the decision to move abroad with the child without the other parent’s agreement or a UK court order giving permission for the child’s relocation, they have broken the law. It may even amount to the criminal offence of child abduction and lead to the child being brought back to the UK under the Hague Convention.
Further Advice on Prohibited Steps Orders
Our family department at RDC Solicitors regularly advises both parents and grandparents on issues of residence (custody) and contact (access), as well as other matters such as prohibited steps orders and specific issue orders. Our experts recognise the importance of understanding children’s needs and addressing what is in their best interests.
If you would like to book in for a free initial 30-minute consultation to discuss your individual case, simply give us a call on Bradford 01274 735511, Ilkley 01943 601173 or Bingley 01274 723858, and we will arrange a convenient time to discuss your requirements.
