[Solved] Can I prevent mother taking kids to live aboard

Hi there

You can apply for a Prohibited Steps Order to prevent the mother from taking the children abroad, this can be done within the existing proceedings by using form C2. I would gather as much evidence to back up your application; take screenshots of what they’re posting on social media.

Cafcass is wrong about not needing permission to take the children abroad for up to 30days. That would be the case, as long as it doesn’t interfere with ordered contact, but if taking them away means that ordered contact time is missed, the ordered contact takes precedence and they would need your permission to travel.

It can be quite difficult to prevent a resident parent from re settlingabroad, but they have to be able to show that there is appropriate accommodation, that the children’s schooling is organised, that they have thought about contact with the other parent and that they have the financial means to support themselves.

A year away on a boat, might be easier to prevent, what accommodation is there, what schooling will they receive and how will they facilitate contact with you... the court should want to look in some detail at the preparations for this.

All the best

I would also raise with the court how this would be enforced. Normally, that might be withholding passports to prevent travel abroad, but if they have a boat, there's nothing to stop them hopping onto a boat without a passport and just sailing off, however illegal it might be to do this. I would be inclined to consider applying for the children to reside with you on that basis - certainly something to consider.

Hi,

Many thanks for the advice, have already done a C2, which is an enforcement order, first sitting was 6th June second is on the 20th August.

What I would like to do is share this information on the second hearing, ( I have text's, and screen shots already saved ). And say under such & such an Act section this, I therefore believe this has a very high risk of happening therefore this act should be enforced immediately.

Does this make sense?.

I can't afford a solicitor and using friend from MKckensie ,

Any advice would be great thanks

Hi,

Yes agree taking passports away would help, also the fact they could hop away without them. But then they would need to show for schooling etc in a foreign land.

I tried for custody, That when the PA started and didn't see them for 6 months, and children had changed their minds, CAFCASS went with the wishes of the children, not how the children got to decision.

Frustrated by how someone can so blatantly defy the court

grrrr

Hi,

Many thanks for the advice, have already done a C2, which is an enforcement order, first sitting was 6th June second is on the 20th August.

What I would like to do is share this information on the second hearing, ( I have text's, and screen shots already saved ). And say under such & such an Act section this, I therefore believe this has a very high risk of happening therefore this act should be enforced immediately.

Does this make sense?.

I can't afford a solicitor and using friend from MKckensie ,

Any advice would be great thanks

Strictly speaking you should still use the C2 to make a further application for a PSO, within the existing proceedings. Alternatively you. can try and ask the court to consider the situation about her removing the children, to do this you would prepare a brief position statement and mention that you have evidence to show she is intending to leave the country, stating that you have it with you if the court wish to see it. The reason being, that you can't attach evidence to a position statement.