Can my ex partner take my child?

One of the greatest fears for separated parents is whether their ex-partner can take the child without consent. In England and Wales, the answer depends on parental responsibility and whether there are existing court orders in place. Parental responsibility gives a parent the legal right to make decisions about a child’s upbringing, and both parents may have it even if they no longer live together.

If both parents have parental responsibility, either can technically take the child without the other’s agreement, provided there are no court orders restricting this. This can cause significant distress, especially if one parent feels excluded or if there are concerns about the child’s safety. However, the law provides remedies to prevent or respond to such situations.

If you are worried your ex may take your child without consent, you can apply for a child arrangements order to set out where the child lives and when they spend time with the other parent. Once such an order is in place, both parents must follow it, and breaching it could result in legal consequences.

In urgent cases, such as a real risk of abduction, it may be possible to apply for a prohibited steps order, which prevents a parent from taking certain actions, including removing the child from the other’s care or taking them abroad.

It is also worth noting that if your ex takes your child abroad without your consent or without a court order, this could be treated as child abduction, which is a criminal offence. Within the UK, disputes are treated as family law matters, but internationally the consequences are much more severe.

The courts encourage both parents to be involved in their child’s life where it is safe and appropriate. However, if you believe your child is at risk, you should seek immediate legal advice. Solicitors can help you apply for urgent orders to protect your child and ensure their welfare is prioritised.

Every case is different, and the best approach depends on your circumstances, but the law is clear that the child’s welfare is paramount. If you are worried about your ex taking your child, our family law team can provide fast and effective advice to help you safeguard your child’s future.