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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33324
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Does my husband have the right to take my 13 year old son on

Customer Question

Does my husband have the right to take my 13 year old son on holiday abroad without my consent? He has just driven off this morning without my knowledge after I expressly asked him not to do so yesterday because I believe my son to be at serious risk of harm from his brother, who he has also taken, this time with my knowledge and consent. Would like urgent advice on whether I can have him stopped at Dover in the next half hour or so. We are living together in the same home, not divorced or legally separated.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
What is your concerns about his brother?
Do you fear he will not return the child to the UK?
Clare
Customer: replied 2 years ago.

I believe he will not return the child to the UK next week. I begged him not to take our younger son though, because I believe he is at risk of physical and possibly sexual abuse from his 15 year old brother, who himself was abused as a young child (both are adopted). He will be in France by now.


 

Customer: replied 2 years ago.

I believe he will return the child to the UK next week and that this is a holiday. I begged him not to take our younger son though, because I believe he is at risk of physical and possibly sexual abuse from his 15 year old brother, who himself was abused as a young child (both are adopted). He will be in France by now.


 

Expert:  Clare replied 2 years ago.
Hi
Have there been issues within your home that makes you think this is a real risk?
Clare
Customer: replied 2 years ago.

Yes, the elder brother has been very violent and exposed himself to my younger son recently. Also, younger son's behaviour is deteriorating dramatically. Does this make a difference to the legality of whether or not my husband needs my consent to take my son out of the country? Is there a simple yes or no answer to that question?

Expert:  Clare replied 2 years ago.
Hi
Yes he should have had your consent nor an order from the court to remove the child from the UK
However that is not enough to lock the ports I am afraid - although a phone call from you MIGHT have caused a hold up
You can get more information here
Www.reunite.org
As things stand now if you believe that your child is at risk then you can alert the French police and Child care services - but you cannot take action for the immediate return of the child to the UK
Please ask off you need further details
Clare
Customer: replied 2 years ago.

Thank you. Just to be very clear, are you saying that legally he did NOT have the right to remove my child from the UK for a holiday without my consent. I should like to be very clear about this because I shall be approaching social services tomorrow. Has my husband broken the law?


 


You say I cannot take action for the "immediate" return of the child to the UK. Is there any action I can take to ensure that this does not happen again?


 

Expert:  Clare replied 2 years ago.
Hi
Your husband has not broken any Criminal Law and Social Services will have no interest in THAT aspect of the the matter
Having said that no he did not legally have the right to do what he did and if you wish to prevent it from happening it again then you can apply to the Court for a Prohibited Steps Order to prevent him from doing it again
Clare

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