How can you prevent a child being removed from the UK without consent?

Under Section 8 of the Children’s Act 1989, there are three different types of orders that a Court can make in relation to children:

1. A child arrangements order
2. A prohibited steps order
3. A specific issue order

If there is a significant risk of a child being removed from the jurisdiction without the consent of all parties with parental responsibility, the person with parental responsibility who does not consent (usually, the other parent) can apply to the Court for a ‘prohibited steps order’ (PSO).

A ‘prohibited steps order’ (PSO) is an Order from the Court preventing one parent from taking steps that they could otherwise take using their parental responsibility. This could include removing a child from the jurisdiction.

An exception to this is circumstances where there is already child arrangements order in force which states a child “lives with” a particular parent. The person with the benefit of the “live with order” can remove a child from the jurisdiction without the consent of the other for up to a maximum of 28 days.

You would need supporting evidence to strengthen your application and the Court would consider the merits of granting the prohibited steps order depending on the circumstances of the case, with reference to the child’s best interests and the welfare checklist.

If you require any further assistance in respect of the payment of school fees or financial matters arising from separation more generally, our family solicitors are based in Wolverhampton, Cradley Heath and Sutton Coldfield and serve clients across the West Midlands. For all new enquiries, complete our online enquiry form and a member of our team will respond, or please call 01902 328 355.