Child Abduction - How To Prevent Your Ex-spouse From Taking Your Children Abroad Permanently

• Published date: 25 March 2021
• Subject Matter: Family and Matrimonial, Family Law
• Law Firm: Giambrone & Partners
• Author: Giambrone & Partners LLP

The unprecedented circumstance of lockdown due to the Covid-19 pandemic has placed an intolerable strain on marriages already pressure leading, in many situations, to marriage breakdown. Where the couple are nationals of different countries when the couple separate in acrimonious circumstances, one parent may take the child or children of the marriage back to their original country, ostensibly for a short period to have the support of their family at a difficult time. However, frequently they have failed to return with the children and it is made clear that they have decided to permanently return to their country, limiting or preventing the other parent's access to their children.

If you suspect that your former spouse is considering such a step there the lawyers in Giambrone's family law team can assist with preventative and emergency steps that can be taken to avert this. A Prohibited Steps Order which may be made under section 8 of the Children Act 1989 will prevent the other parent from being able to take such an action. A Prohibited Steps Order generally relates to a single specific issue and applies to children up to the age of 16 years, but in some circumstances can extend beyond that age.

The lawyers in Giambrone's family law team explain that a Prohibited Steps Order ensures that no steps can be taken by a parent or any other person, during the course of their parental responsibilities for a child, that is expressly specified in the prohibited steps order, without consent of the court. For example, such a step such as removing the child to another country. The court will consider a welfare checklist before making a decision. In the event of extreme urgency in a matter, there can be exceptions. The types of issues that a Prohibited Steps Order can address and...