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Legal Framework for Removing a Child from the UK

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Under Section 1(3) of the Child Abduction Act 1984, it is a criminal offence for a parent or person with custody of a child to take or send the child out of the UK without securing the following:

  • The consent of all individuals with parental responsibility (PR) for the child,
  • The consent of all people with custody of the child, or
  • The permission of the court.
  • This provision is designed to ensure that all legal guardians agree to international travel or relocation, protecting the child’s rights and well-being.

Exception for Child Arrangement Orders:

There is a specific exception for individuals named in a child arrangements order as a person with whom the child shall live. These individuals can take the child out of the UK for up to one month without additional permissions. This flexibility facilitates short trips abroad, like holidays or family visits, without the need for court intervention.

Defences Against Criminal Charges:

Several defences can be employed if charged under this act:

  • Consent was given by those with PR, or it is believed they would have consented knowing all relevant circumstances.
  • Reasonable efforts were made to obtain consent from those with PR, but communication was impossible.
  • Consent from those with PR was unreasonably withheld, justifying the decision to travel without explicit permission.

Additional Legal Protection Under Section 2

Section 2 of the Act addresses the removal of a child by persons who do not have parental responsibility. It is a criminal offence for any person without PR to take a child away from someone who has lawful control over the child without a lawful authority or reasonable excuse. This provision further secures the legal guardianship and control, ensuring that only those with lawful rights can decide on the child's whereabouts.

Conclusion

The Child Abduction Act 1984 plays a crucial role in the legal landscape of family law, providing clear rules and exceptions to prevent child abduction. By requiring the consent of all parties with parental responsibility or legal custody, the law prioritises the safety and welfare of children. Parents and guardians must be aware of these regulations to avoid legal repercussions and ensure their actions are in the best interest of the child.

CONTACT OUR FAMILY LAW SOLICITORS

For expert advice regarding removing a child from the UK, get in touch with our family team.