Child abduction is not the same as kidnapping. Kidnapping applies where a stranger takes the child and child abduction applies where the child is taken by the other parent, to another country without prior consent.
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Child abduction is not the same as kidnapping. Kidnapping applies where a stranger takes the child and child abduction applies where the child is taken by the other parent, to another country without prior consent.
If you are concerned that there is a risk that your child may be taken unlawfully from the UK, you should seek advice before it is too late. There are steps that we can take to avoid the child being take which include applying for a Prohibited Steps Order (which is an order preventing the other parent from doing a certain thing). Port Alerts can also be sought and orders obtained requiring the other parent to surrender their passport, and the passport of the child. This can be done without alerting the other party.
If your child has been taken to a country within the European Union, a country that has signed up to the Hague Convention or that has entered into an agreement with the UK, we can liaise with the appropriate organisations including the International Child Abduction and Contact Unit to seek that your child is returned. Further, declarations can be sought from the High Court that the removal from the UK was wrongful.
The Hague Convention defines what constitutes abduction and this can be used to seek an order for the child to be returned to the UK from the member state which they have been removed. Child Abduction is a criminal offence and anyone found guilty of child abduction can expect criminal proceedings including fine, penalties and imprisonment. We therefore suggest if you do wish to relocate to another country with your children, you must seek consent to do so. If consent cannot be agreed, an application can be made for a Specific Issue Order as to whether relocation can take place. We can help you come to an arrangement and put the relevant order in place.
This is a very complex area of law because it works across different jurisdictions and you should seek advice as soon as you feel there may be a risk.
For some examples of common issues and problems and how we can assist you click on the link.
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Your spouse is legally required to obtain your permission or a court order to take the children to live abroad. Your spouse is however allowed to take your children abroad for holidays of up to 28 days.
If you believe that your spouse plans on taking your children to live abroad regardless of your opinion you are able to apply for a prohibited steps order, this will stop your spouse from taking your children abroad at all. Your spouse is able however to apply to the court for an order allowing them to be relocated abroad if it is in their best interest.
The court needs to be satisfied that arrangements have been made in the best interest of the child. This however does not been that a final agreement has to be made before you can get a divorce.
The court needs to be satisfied that arrangements have been made in the best interest of the child. This however does not been that a final agreement has to be made before you can get a divorce.
Non-residential parents have to pay maintenance for their children; hopefully the amount can be agreed though negotiation and if not then the CSA will decide. Each case is different. If for example the Mum and the children stay in the family home then she may relinquish her claims over any other assets such as pension and savings in return. Our family law solicitors can advise on your specific circumstances.
The more you are able to agree amongst yourselves the better. Ideally it would be better if you could agree for the arrangement of your children outside of the courts. This will avoid your children having to get involved with any court proceedings. Children who are asked to tell the court what they feel can sometimes feel like they are having to choose between parents.
You should try to avoid involving children in your arguments. No matter how badly you feel towards your ex-spouse. It may be in the child’s best interest for you to remain civil with your ex-spouse.
It may be helpful to contact a support group who are able to offer advice on how to protect your children’s emotional wellbeing. You can find a range of helpful information on the interest aimed both at parents and children.
The welfare of children is a priority this includes providing them with a home. This applies to children under the age of 16 and children under the age of 18 who are still in full time education. The courts can request that you provide maintenance to older children who are still in full time education or who have special needs.
The Child Support Agency calculates the amount of maintenance that non-resident parents must pay by using a formula. This is usually 15% of the net income for a single child. This then increases to 20% for two children and 25% for three or more children.
This amount may be reduced if the non-resident parent has extra costs or other children to support. There are a number of other circumstances in which the CSA can vary the amount of maintenance a non-resident parent is required to pay. For example if the child was to spend time at the non-residents parents’ house.
In many cases either parent can apply to the CSA to assess the level of maintenance to be paid. This overrides any agreement set out between the parents.
Either parent is also eligible to apply to the courts for a top up in the level of maintenance this may be for example to help fund private education.
If you have been treating the child as if they were your own then the child is classed as a child of the family and you will have parental responsibility.
This would mean if you were to separate the child may continue to live with either parent and the other parents could be ordered to pay child maintenance. Your ex-spouse could ask the court to provide maintenance for your step children and to continue paying for what you were previously paying for before you divorced. The court would however take into account the ability of the child’s natural parents to provide financial support.
In many cases a divorcing couple will agree amongst themselves what will happen to the child and a court order is not required. However the court must be made aware what your plans are to consider whether they are in the best interest of the child. There are restriction on changing a child’s name and taking them out of the country.
If you haven’t applied for a contact order you should apply to the court for one. If your ex still refuses to stop you seeing your children despite a contact order being granted you should go back to the court. The court will then take appropriate action as your ex is breaching the contact order. The court may fine or imprison your ex. The court is usually reluctant to do this as it would not be in the best interest of your child.
This may mean that enforcing your contact rights can be a drawn out stressful process. You may need to return to court on several occasions, ensure you keep notes to use as evidence of how your ex is stopping you from having the agreed contact with your child.
Your aim should be that both parents still play an active part in the raising of the child/children. Usually, parents sort this out amongst themselves, although if there are problems, mediation can be a good way to resolve this. Our family law solicitors will advise you on Shared Care Agreements and Live With and Spend Time with Orders. Going to Court should always be the last resort when children are involved.
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