Family Law Case Study - Taking a Child Out of the UK

07 June 2016

Client Situation

Mr D had a relationship with a woman with Brazilian citizenship and they had a 3 year old son together.

Their relationship came to an end and Mr D's ex-partner made constant threats that she would take their son out of the UK to Brazil without our Mr D's knowledge or consent.

How We Helped

One of our Family Law Solicitors made applications to the Family Court for a Prohibited Steps Order and a Specific Issue Order without notice to Mr D's ex-partner. The Court agreed and the Court Orders were made and served on Mr D's ex-partner.

However, Mr D's ex-partner did not pay attention to the Court Orders and booked tickets to fly to Brazil with their son. Due to the urgency of the situation, our Family Law Solicitor returned the matter to the High Court and made more applications without notice to Mr D's ex, for:

  • A Passport Order. This meant that Mr D's ex's passport and his sons passport could be taken and held by the Court
  • A Port Alert. This would ensure that Mr D's ex-partner would be identified if she tried to leave the UK
  • A Prohibited Steps Order. This would stop Mr D's ex from taking their son abroad.

The High Court made these Court Orders. Our Family Law Solicitor arranged for them to be served on Mr D's ex. The High Court asked for a further Court hearing, requesting that both parents attend.

The Outcome

The High Court decided that a final order would be made, the Passport Order. The Court would hold Mr B's ex's passport and his son's passport for an additional 6 months. There would continue to be a Port Alert in place for another 6 months.

In addition, a final Prohibited Steps Order was made. It stopped Mr B's ex-partner from taking her child without Mr B's consent or without an Order from the Court.

The Court also made a final Child Arrangement Order and ruled that Mr B's son should live with him and spend alternate weekends with his mother.

For more information about Family Court Orders see Child Custody.

More articles