Resolving disputes over where your children live
If you are separated from your partner, disputes can often arise over who has the right to take your children on holiday or to live abroad.
At Nelsons, our family law solicitors can offer expert legal advice and support concerning child relocation.
Need advice? Contact us to find out how we can help
What our clients say about us…
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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.
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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
Our expertise in family and children law is also recognised by the independent directories, The Legal 500 and Chambers and Partners.
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"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."
The Legal 500
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“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 and Partners
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"Nelsons...is a leading firm in family law. They represent people from all walks of life and always give 110% to all of their cases. Their diversity is exceptional. Unlike other solicitors they are always on hand to speak by phone or email, night or day or weekend. They will take the most challenging pro bono cases to ensure that clients have the best representation and advocacy."
The Legal 500 2023
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"Midlands powerhouse Nelsons Solicitors Limited houses family law specialists in each of its three offices, led by Emma Davies (in Nottingham); Melanie Bridgen (Derby)...The firm is particularly recommended for its capabilities in dealing with international children law cases, a specialism of Bridgen, as well as, surrogacy, unravelling trusts, complex business arrangements and divorce. ‘Outstanding’ director Gayle Rowley has built up a specialisation in financial remedies and private children law."
The Legal 500 2023
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"Superb family law team, class A and the absolute go to in children law and financial relief on divorce. They far outweigh their competitors in every aspect. The people provide hands on support and client care from the outset concentrating on strategy and approach. Given their wealth of experience, they are financially competitive."
Referee feedback provided to The Legal 500 2024
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"Nelsons are an well-established and highly respected firm, deservedly so. They cover a number of disciplines with the utmost professionalism. They are a pleasure to deal with and prominent in the local legal community."
Referee feedback provided to The Legal 500 2024
