International Divorce - Preventing The Risks Of Parental Child Abduction

• Published date: 23 June 2021
• Subject Matter: Family and Matrimonial, Family Law, Divorce
• Law Firm: Giambrone & Partners
• Author: Giambrone & Partners LLP

The enormous emotional and financial pressure that the Covid-19 pandemic and subsequent lock-downs have placed on married couples has regrettably resulted in a substantial rise in divorce enquiries. Now, more than ever, in relationship break-up between nationals of different countries risks minor children of the marriage being taken to one parent's home country and not returned.

Giambrone's highly regarded family law team regularly deals with cross-border divorce and recognises the real risk of a spouse relocating with a child or children in another country with no intention of returning. Our lawyers can assist with measures that can be taken before the event to prevent this from happening. A Prohibited Steps Order which may be made under section 8 of the Children Act 1989 can be sought through the court which will prevent any such action without the court's express permission, contravening a Prohibited Steps Order amounts to child abduction.

A Prohibited Steps Order is not granted lightly and applies to one single particular issue related to children of 16 years and under. The Order is granted to ensure that a parent with parental responsibilities cannot take any steps expressly specified in the Order without the permission of the court. The steps mentioned in an Order nearly always relate to the removal of a minor child or children to another country. However, that is not the sole step to which a Prohibited Steps Order can relate. There are several other issues that can be controlled by the court.

Prohibited Steps Orders can apply to the following range of issues:

• Taking a child away from the United Kingdom to another country
• Removing a child from the custody of a parent or other approved caregiver;
• Preventing a child from being moved to another location within the United Kingdom;
• Preventing a child from contact with particular people
• Removing a child from their school;
• Changing a child's name or surname;
• Making decisions in respect of a child's medical treatment etc.

Before a Prohibited Steps Order is granted the court will need to...