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SolicitorRM, Solicitor
Category: Family Law
Satisfied Customers: 4196
Experience:  Director and Principal Solicitor. UK
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I would like find out what will happen if the father will

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I would like find out what will happen if the father will accuse me of child abduction if I only went for 7 days holiday abroad in portugal, can anyone stop me on the airport?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: I have solicitor through civil legal aid and she applied for legal aid certificate to be amended to be able to apply to court and it was denied and she told me if I want to apply for it myself she will withdraw from representing me about child arrangements order the father applied for,
JA: Have you talked to a lawyer about this yet?
Customer: Yes
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hi thank you for your enquiry and patience. If you are flying from anywhere in Scotland yes you would be stopped and you would not be able to leave. I from England or Wales you will be fine as long as you are going for less than 28 days you will be ok. This is assuming you do not have a contact order or child arrangements order in place requiring that you get the other parent's consent when travelling outside the jurisdiction. I hope this helps. All the best.

Customer: replied 8 days ago.
What if I don't have child arrangements order or court order what happens if I will go without his permission?

If you do not have any court order allowing you to take them then you need to seek the other parent's permission. Under the Child Abduction Act 1984, it is a criminal offence for a parent to take a child under the age of 16 out of the UK without the appropriate consent from the other parent who also has parental responsibility. If you go without permission and he finds out and reports you for abduction or if you are stopped randomly at the airport and asked to show evidence of the permission and you do not have it you run the risk of being arrested for abducting your children and end up with a conviction and prison. I hope this helps and all the best.

SolicitorRM and 2 other Family Law Specialists are ready to help you
Customer: replied 6 days ago.
18 September 2020 07:19Good evening I just have one more quick question if his father with PR applied for PSO ( there is no Child Arrang,Order in place yet) to not remove my son from uk without his consent will be granted in court does it mean I will not be able to go for holiday without his consent for 28 days even if I will have Order from the court that Kacperlives with me?

Hi, thank you for your message. If he does apply for the Prohibited Steps Order and he can convince the Court that it is not in the best interests of your child to leave the country without his consent eg where there is a genuine fear of abduction then yes he may succeed. If he has this then you will not be able to go without his consent. You may physically be able to do it since you will not be tagged and if the boarder staff do not ask you may just depart without questions, however that would be contempt of court and you can end in prison. If you suspect that he will be difficult especially on going broad then perhaps just speak to him and agree to terms of a Specific Issue Order where you can reach an amicable resolution on the issue of travel outside the UK, perhaps by agreeing a specific number of days when you can go with him with asking the father. All the best.

Customer: replied 3 days ago.
Is it possible I can ask Cafcass to amend the section 7 report or can I only wait until the court case to tell my views? Cafcass has recommended for PSO to stay in place. So if I will apply for specific issue order and he applied for PSO, the court will decide what to do? Is it better to just wait if they will agree for this PSO?
Customer: replied 3 days ago.
or is it better to apply for specific issue order, do I have to do separate application for that or it can be decided on the hearing about Child Arrangements Order?

Hi, thank you for your further messages, You do not need to submit a new application if you are happy to challenge the PSO and to propose that a CAO or SIO is agreed to by both parties instead.