Q&As

Where a child has been removed by one parent from one part of England and Wales to another part and the other parent objects what type of application should be made for the return of the child?

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Produced in partnership with Kirstie Danton of St Ives Chambers
Published on LexisPSL on 03/02/2017

The following Family Q&A produced in partnership with Kirstie Danton of St Ives Chambers provides comprehensive and up to date legal information covering:

  • Where a child has been removed by one parent from one part of England and Wales to another part and the other parent objects what type of application should be made for the return of the child?

Where a child has been removed by one parent from one part of England and Wales to another part and the other parent objects what type of application should be made for the return of the child?

There are three orders which potentially may be used to regulate internal relocation:

  1. a condition imposed on a child arrangements order (CAO) pursuant to section 11(7) of the Children Act 1989 (ChA 1989)

  2. a specific issue order, and

  3. a prohibited steps order

Where internal relocation is implicit in cross-applications for provision in a CAO to regulate the living arrangements of a child, no order other than a CAO may be necessary to effectively determine and regulate the issue of internal relocation. If there is a CAO making provision for a child to live with different persons at different times, it may be appropriate to regulate internal relocation simply with an adjustment of the periods of when a child is to live with each person under the CAO.

ChA 1989, s 8(1) sets out the orders which can be applied for in respect of children, namely CAOs, prohibited steps orders and specific issue orders.

A CAO means an order regulating arrangements relating to any of the following—

  1. with whom a child is to live, spend time or otherwise have contact, and

  2. when a child is to live, spend time or otherwise have

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