Resolving disputes over where your children live
If you are separated from your partner, disputes can arise over who has the right to take your children on holiday or to live abroad. At Nelsons, our child relocation solicitors can offer expert advice and support on your circumstances.
If you and your ex-partner cannot agree holiday or child relocation arrangements, the Court can decide issues for you, including
- Who can take the child on holiday (temporary removal from the jurisdiction)
- Who can relocate the child to another country (permanent removal to another jurisdiction)
A person with parental responsibility can take a child abroad for up to 28 days with the permission of everyone who has parental responsibility for that child.
If there is a Child Arrangements Order – live with or Residence Order in place, then the parent the child lives with does not need the permission of the other parent for a trip of up to 28 days. However, it is advisable to always inform the other parent of a planned trip.
The Courts will always treat the welfare and best interests of the child as the most important factor in any decision.
What happens if you do not apply for permission?
If a parent takes the child abroad, whether on holiday or permanently, without the permission of everyone with parental responsibility or the Court, then they will be committing the civil and criminal offence of child abduction. This means they could face fines, unpaid work order or a prison sentence.
How we can help
If you are concerned that your ex-partner may want to take your child abroad without your permission, or if you wish to take your child abroad, our experienced team in Derby, Leicester and Nottingham can help. We can provide assistance in all matters relating to taking children abroad or permanently relocating them.
Our team includes:
- Resolution Accredited Specialists
- Law Society Family Panel & Advanced Family Panel members
- Law Society Children Panel Members
Additionally, in September, our team was shortlisted for the ‘Family Law Firm of the Year: Midlands and Wales’ award at the Family Law Awards 2021. The awards ceremony will be taking place on Wednesday 24th November 2021 at the Bloomsbury Big Top, London.
If you require advice in relation to your legal rights to take your child on holiday or with regards to permanent child relocation, please contact our team of expert family law solicitors via our online form or call 0800 024 1976 for a guaranteed response.
"Nelsons Solicitors Limited has an experienced family and children law practice, and is noted for its strength in cases with an international element. The family team...regularly advises high-net-worth individuals on financial relief cases. Melanie Bridgen, who heads up the children team, is experienced in complex children proceedings; this includes matters concerning international relocation, parental alienation and non-accidental injuries."Legal 500
“Accomplished practice noted for both matrimonial and childcare matters. Appropriately equipped to assist with public and private children law, including adoptions, child abductions and non-accidental injury cases. Active in high-value financial remedy matters, including those involving trusts, commercial assets and cross-border aspects.”Chambers & Partners
"Very satisfied with all the service you have given me. Thank you for all the help I have been given."Client Feedback
"Service was superb."Client Feedback
"I have had Nelsons...supporting me for two years, and I can't thank Melanie Bridgen, Kate Warner and Katy Swinbourne enough for helping me get custody of my children, it has been a long heartbreaking tough court case. Melanie Bridgen is a top-class woman and I highly respect her for what she has done for me and my children...Melanie has reassured me though out the whole proceedings, so...if you ever need a solicitor for children I wouldn’t go anywhere else. Thank you very much, Melanie, and...Nelsons..., you helped me get through a different process and get my children into my care and have full custody."Client Feedback
"Perfect handling of a sensitive situation."Client Feedback