How To Prevent Parental Child Abduction Overseas

• Published date: 15 December 2021
• Subject Matter: Family and Matrimonial, Family Law, Divorce
• Law Firm: Giambrone & Partners
• Author: Giambrone & Partners LLP

The emotional stresses and strains and in some cases financial consequences of the COVID 19 pandemic have tipped an unprecedented number of married couples into divorce. The substantial rise in divorce inevitably involves the minor children of a marriage. When arrangements relating to the children of a marriage are being settled this often leads to the most contentious and upsetting part of the whole procedure. There are a number of issues that are considered by the courts and all decisions are made with the best interests of the child or children in mind often regardless of the wishes of the parents. The welfare and well-being of children caught up in a divorce is the overriding consideration and paramount in the eyes of the court.

In relationship break-up and divorce between nationals of different countries, it is increasingly common for minor children of the marriage to be taken to one parent's home country to be permanently domiciled there and not returned. The non-custodial parent then faces a legal battle that is often lengthy and costly, to re-establish parental contact with their child or children. If you believe a situation could arise involving parental abduction, there are legal steps you can take to prevent your former spouse from being able to remove your child or children from their present domicile and relocating to their country of origin with no intention of returning. Giambrone & Partners' lawyers in the family law team can initiate a Prohibited Steps Order under section 8 of the Children Act 1998 through the courts. A Prohibited Steps Order is one of three provisions relating to child arrangements orders and is designed to prevent a child from being removed from the custodial parent and taken abroad without the express permission of the court.

A Prohibited Steps Order applies to one single particular issue related to children of 16 years and under. Such an Order is only granted to ensure that a parent, even a parent with parental responsibilities, cannot take the steps referred to in the Order, usually relating to the removal of a minor child or children to another country, without permission of the court. There are several other issues that can be controlled by the court with a Prohibited Steps Order that would materially change the life and living conditions of a minor child, for example:

• Removing a child from the custody of a parent or other approved caregiver;
• Preventing a...