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. Our child relocation solicitors can offer expert advice and support.
If you and your ex-partner cannot agree 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 Nelsons 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 can help.
Our team includes accredited Children Act specialists who can offer you advice and assistance in all matters relating to taking children abroad or permanently relocating them.
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