International Travel Consent
The client is based in England and is concerned about her husband's intention to travel internationally with their children without her consent. They have three children, including a 14-year-old son with special needs, and the client is worried about the potential impact of such travel, especially to a country where there have been previous concerns regarding the treatment of her son's condition. Although there was a prior legal case involving social services related to similar travel concerns, it was withdrawn following reconciliation. The husband claims he can care for the children due to his profession, and there is tension over financial contributions. The client is particularly concerned about the possibility of her husband obtaining a court order to travel with the children, given his professional status.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkCan my husband travel with our children internationally without my consent, and what legal actions can I take to prevent this if necessary?
Your husband cannot travel internationally with your children without your consent if both parents have parental responsibility. Taking the children abroad without agreement could be considered child abduction under UK law. You can apply for a Prohibited Steps Order through the family court to prevent this if necessary, which can restrict your husband from making certain decisions regarding the children's upbringing.
What factors will the court consider if my husband applies for a court order to travel internationally with our children?
The court prioritises the children's welfare. Factors include the potential impact of travel on the children's emotional and physical well-being, any risk factors associated with the destination, and the children's specific needs. The court will assess existing relationships, any history of domestic issues, and the proposed duration and purpose of the travel.
How does my husband's profession impact the court's decision regarding child custody and travel permissions?
Your husband's profession may indicate his ability to manage complex situations, but it does not guarantee favourable custody or travel decisions. The court's focus is on the children's best interests, including their welfare and any potential risks associated with travel.
What role does social services play in cases involving international travel restrictions and concerns about child welfare?
Social services play a critical role by assessing the best interests of the children and providing reports to the court. They may interview parents and consider risks involved with travel, as well as the children's well-being.
Given our previous legal history involving travel restrictions and concerns about our son's welfare, how might this influence any new legal proceedings?
The previous legal history with travel restrictions and welfare concerns will likely influence new proceedings, as the court will consider past issues and potential risks to the children's safety.
Does his response imply I won’t be included in holiday plans?
Your husband's response suggests he does not intend to include you in holiday plans. It is important to consider any existing legal agreements regarding child arrangements when planning holidays.
His acknowledgement that he cannot take the children away without a court order indicates he understands the legal requirements. How should I proceed?
If you feel at risk of him attempting to travel without your agreement, you might consider seeking a Prohibited Steps Order to prevent any international travel without consent.
How should I interpret his contradictory statements regarding financial contributions and holiday provisions?
Your husband's contradictory statements may reflect an attempt to exert control. It is essential to consider these dynamics and, if necessary, seek support to navigate these issues.
