Can one parent take child abroad without consent of other parent?

JadEle

Hi, I'm wiring this on behalf of a friend and just want to know advice or things she can do to make sure a bad situation does not happen.

The couple are both Chinese nationals, both living and working in the UK for the last 6 or so years, and have 2 year old son (born in the UK). They are not married and now the father is threatening to take the son back to China without the mother's consent. 

I don't really have a question as such but my friend (the mother) is very worried and thinks maybe she needs to contact a family lawyer or do something to ensure this doesn't happen. I have no experience in this area, does anyone have any advice I can pass on to her? 

Thanks for any help you can give.

RAS

We start with:

Is the father's name on the birth certificate?

Who actually cares for the child on a day to day basis; mum or dad?

Does the child have a UK passport?

Has either parent registered the child as a Chinese national?

Then google Prohibitive Steps Order

JadEle

Thank you so much for your input, really appreciate this.

Is the father's name on the birth certificate? Yes

Who actually cares for the child on a day to day basis; mum or dad? Both, they live together and share childcare

Does the child have a UK passport? Yes, he only has a UK passport

Has either parent registered the child as a Chinese national? No

Then google Prohibitive Steps Order - thanks I will

TBagpuss

It's Prohibited Steps, not prohibitive - you will get more useful information if you search the right term.

The short answer is that under English law, he would be legally in the wrong if he took the child to China, but of course if he does so, mum would then be in a position of trying to obtain an order in China (So far as I am aware, China is not a signatory to any of the international agreements about cross border enforcement, so you would not be able to enforce an English order in China)  and the English court couldn't do anything if he moved permanently back to China

It may be that he believes he is entitled and that getting a formal solicitor's letter making clear that he is not would be sufficient. if not, then she could apply for a Child Arrangements Order to state that the child lives with her, and a Prohibited Steps Order to explicitly state that father cannot take the child out of the country.

Depending on how she thinks he may respond and whether she thinks he is likely to obey any order, she could seek additional orders and / or safeguards - for instance, an arrangement  that dad leaves his passport in Mum's possession during any times the child is with him, or require that a 'mirror' order is obtained in China which explicitly records that the child lives with mother in the UK and cannot be removed from her care or removed from the jurisdiction of England and Wales - she would obviously need to be able to get a Chinese or dual qualified lawyer, as well as an English one, for that, and they would be able advise about how practical an option this might be.

Your friend may also want to to check whether the child would qualify for a Chinese passport and if so, whether father could apply alone or if it would need both parents (i.e. whether would be able to get a Chinese passport and travel on that rather than the UK passport) 

Brie

Could she destroy the child's passport?  That at least would slow things down in the short term.

ZaSa1418

JadEle said:

Hi, I'm wiring this on behalf of a friend and just want to know advice or things she can do to make sure a bad situation does not happen.

The couple are both Chinese nationals, both living and working in the UK for the last 6 or so years, and have 2 year old son (born in the UK). They are not married and now the father is threatening to take the son back to China without the mother's consent. 

I don't really have a question as such but my friend (the mother) is very worried and thinks maybe she needs to contact a family lawyer or do something to ensure this doesn't happen. I have no experience in this area, does anyone have any advice I can pass on to her? 

Thanks for any help you can give.

Technically as they both have parental responsibility and there is no court order both mum or dad would need the others permission to take the child abroad.
Are they still together? 

sheramber

ZaSa1418 said:

JadEle said:

Hi, I'm wiring this on behalf of a friend and just want to know advice or things she can do to make sure a bad situation does not happen.

The couple are both Chinese nationals, both living and working in the UK for the last 6 or so years, and have 2 year old son (born in the UK). They are not married and now the father is threatening to take the son back to China without the mother's consent. 

I don't really have a question as such but my friend (the mother) is very worried and thinks maybe she needs to contact a family lawyer or do something to ensure this doesn't happen. I have no experience in this area, does anyone have any advice I can pass on to her? 

Thanks for any help you can give.

Technically as they both have parental responsibility and there is no court order both mum or dad would need the others permission to take the child abroad.
Are they still together? 

In third post OP sys they live together and share childcare.

GSLondon

Never good to think the worst, but China isn’t a signatory to the Hague Convention, so obtaining the child’s return from China - if he did act on the threat - would be very difficult.  if your friend thinks it is a real risk, she should act sooner rather than later - using the courts of England and Wales.

As others have said, a prohibited steps order preventing removal from the jurisdiction might be in order, as well as forbidding any Chinese travel document (passport) being applied for.  This might be a consideration 

A specific issue order requiring the British passport to be held by someone other than father might be sought in addition.

because China isn’t a Hague country (except Hk and Macao) obtaining mirror orders there might be difficult.

best to seek legal advice sooner rather than later.

JadEle

Thank you all for your advice I have passed it on.

tightauldgit

Brie said:

Could she destroy the child's passport?  That at least would slow things down in the short term.

That would not be a good idea. Best to pursue legal means of resolving the situation. 

Brie

tightauldgit said:

Brie said:

Could she destroy the child's passport?  That at least would slow things down in the short term.

That would not be a good idea. Best to pursue legal means of resolving the situation. 

It would be an act of desperation.