How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Vineet S Your Own Question
Vineet S
Vineet S,
Category: Law
Satisfied Customers: 2663
Experience:  Freelance Solicitor at Self Employed
60556257
Type Your Law Question Here...
Vineet S is online now

I require some advice regarding parental custody of my son

This answer was rated:

Good afternoon,
JA: Hello. How can I help?
Customer: I require some advice regarding parental custody of my son and his mother who wishes to leave the country with him. Can she do this without my permission? We were never married and have been separated for some years. She has a majority of the custody however, i have him every weekend and during school holidays??
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No steps have been taken. She is just planning to leave without any type of legal document
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I live in Brixton South London.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Not that i can think of

Welcome to Just Answer, I am a solicitor in England and Wales and I will be dealing with your case today.

Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat.

I will go through your question and will get back to you with my answer shortly.

Meanwhile, please ignore any phone call request pop-up, they get generated automatically without any input from the expert, so I have no control over these requests.

Customer: replied 13 days ago.
Thank you

Hi there,

Your Ex can not take your kids out of the jurisdiction of the UK without your consent or court orders, if she tries to take the kids out of the UK, then she would be liable for abduction charges of the kids.

You would have to apply for a prohibited steps order.

This limits parents from carrying out certain events or trips without the express permission of the other.

This is useful if you are worried your ex-partner may attempt to, for example, take the child abroad or to another area of the UK without your knowledge.

Failure to comply with this order is treated as a criminal offence and can result in the person who has taken the child being charged with kidnapping.

You can apply for prohibited step orders by making an application under the Children Act 1989 under section 8.

You can apply online using the below weblink-

https://www.gov.uk/looking-after-children-divorce/apply-for-court-order

For prohibition orders, you can apply for emergency orders. , in order for an urgent application to be successful, there must be strong evidence or an imminent threat. In these circumstances, the application is made ‘without notice’. This means that the respondent would not be aware that the order is being made and nor would they be present at the hearing. If an order is granted on this basis, the Court will list a further ‘return’ hearing when the respondent will be required to attend once they have been served with the application and emergency order made.

Vineet S and other Law Specialists are ready to help you
Customer: replied 13 days ago.
That is very helpful indeed. I will read through the online link you've supplied. It leaves me with enough to go forward with at the moment. If I require further support, I will be in contact.

Sure, Glad I could help.

If you have any questions in future you can get in touch by opening up a new post/question and FAO: Vineet S and I will be happy to help.

Thank you for using Just Answers. Best wishes.

Customer: replied 10 days ago.
Hi Vineet, I have a follow up question regarding this matter. If I need to get hold of a letter regarding granting permission for my sons mum to leave with or without my son, is this available anywhere?

Hi there,

You can get a template of travel consent form from the website //www.lawdepot.co.uk, for free.

Thank you. Best wishes.

Customer: replied 9 days ago.
Thank you so much for your help

You are welcome. Have a nice evening. Regards