If you are researching ‘how to apply to court to take child abroad’, it is likely that attempts to reach an agreement with your child’s other parent have broken down. Court proceedings should never be the first port of call in connection with children matters, but they are sometimes unavoidable. Understanding what court applications involve can help demystify the process and make it less stressful.
Please call us free now on 0800 059 0600 or complete a Free Online Enquiry and a member of the team will get back to you soon.
“Thank you so much. We needed your help and support in such a vulnerable time in our lives.”
What To Do Before You Apply To Court To Take Child Abroad
Before any application can be made to the family court, you must attend a Mediation Information and Assessment Meeting, commonly referred to as a MIAM. The purpose of the MIAM is not to force you into mediation but to ensure you have been given information about it and have considered whether it might resolve the dispute without court involvement.
How To Make The Application
An application to take a child abroad is made by way of a specific issue order under section 8 of the Children Act 1989. You are required to set out the nature of your application and the steps you have taken to resolve the matter outside of court. It is important to complete the form carefully and to make sure the specific order you are seeking is clearly described. A poorly completed application can cause unnecessary delays. We routinely assist clients with this process and can help ensure your application is presented clearly and accurately from the outset.
What Happens After You Apply?
When the court has issued your application, it will allocate a case number and list the matter for a first hearing, known as a First Hearing Dispute Resolution Appointment, or FHDRA. This hearing is not a full contested hearing. Its purpose is to identify the issues in dispute, explore whether agreement is possible, and determine what further steps are needed if it is not. A Cafcass officer will usually be involved at this stage. Cafcass, the Children and Family Court Advisory and Support Service, safeguards the interests of children in family proceedings and will carry out initial checks and, where appropriate, prepare a report setting out the child’s circumstances and welfare needs.
If the matter is not resolved at the FHDRA, further directions will be given, and the case may be listed for a contested hearing at a later date.
What Will The Court Take Into Account When Considering Your Application To Take Your Child Abroad?
In the specific context of a holiday application, the court will also carefully at the travel proposal itself. The more detailed and credible the plan, the stronger your position. Evidence of return flights booked in the child’s name, accommodation details, contact arrangements for the other parent during the trip, and confirmation of your ties to England and Wales can all be relevant. Where the proposed destination is outside the Hague Convention network, the court will apply significantly greater scrutiny to the risk that the child might not be returned.
We can help you build the strongest possible case for your application and advise on exactly what supporting evidence is likely to be most persuasive.
What Happens When You Get A Court Order To Take Your Child Abroad?
A court order to take child abroad is a legally binding document that confirms the family court’s permission for the specific trip proposed in your application. It is not a general or open-ended permission to travel whenever you choose. Carrying a certified copy of the order when you travel is strongly advisable, as it provides clear evidence at border control that the journey has been sanctioned by the court. Once the trip has taken place, the order is spent. If you wish to take your child abroad again in future and consent cannot be agreed, a further application would be required.
Even where the court grants permission for a holiday, it may attach conditions or require undertakings to be given. These are formal promises made to the court, such as an undertaking to return the child on a specified date, to surrender passports on return, or to pay a sum into court as security. Breaching an undertaking given to the court is treated as contempt of court and carries serious consequences. We will make sure you understand the full implications of any conditions or undertakings before you agree to them.
If you need advice on making a court application to take your child abroad, we are perfectly placed to help. We are accredited by the Law Society in Family Law Advanced and Children Law, reflecting the depth of expertise our team has in relation to children proceedings of all kinds.
Please call us free now on 0800 059 0600 or complete a Free Online Enquiry and a member of the team will get back to you soon.
‘Having had experience of your organisation, my confidence in you grew. I would have no hesitation in asking you for any necessary representation in the future. Relatives and friends have already been told of my satisfaction. Thank you and well done’
