How to apply for a prohibited removal order — Guide for England and Wales

Introduction: purpose of a prohibited removal order

A prohibited removal order stops a parent or carer from taking a child out of the jurisdiction without permission. Courts use these orders to prevent wrongful removal and to protect the child’s welfare. Parties with real risk of international travel should act quickly and come prepared.

When to apply for a prohibited removal order

Apply when there is a genuine risk that the other parent will take the child abroad without consent. Typical signs include booked flights, renewed passports, sudden plans to relocate, unexplained access to funds and concerning messages. If urgency exists make the application immediately to reduce the chance of removal.

Initial steps before issuing proceedings

Gather evidence that shows risk: flight bookings, passport scans, bank transfers, messages, social media posts and witness statements. Prepare a clear chronology of events and note any previous breaches of contact or court orders. Seek urgent legal advice to draft the application and to check whether emergency ex parte relief is appropriate.

Filing the application and forms required

Start by issuing a child arrangements or specific issue application with the family court and request prohibited steps relief. The application must explain the risk, set out factual evidence and propose the order sought, for example surrender of passports or a ban on removing the child from the UK. Attach a witness statement and the supporting documents.

Urgent ex parte applications and full and frank disclosure

When removal looks imminent apply without notice for ex parte relief. The court will expect full and frank disclosure of all relevant facts and arguments. Failure to disclose material information risks the order being set aside, costs penalties and loss of credibility. The court normally lists a return date quickly so the respondent can contest the order.

What the court considers when deciding applications

Judges assess the child’s welfare using the Children Act welfare checklist. They consider the immediacy of the risk, the proposed destination, the motive for travel, the child’s ties to each country and the likely effect of removal. The court also weighs whether the proposed order is proportionate and workable.

Common orders and practical measures the court can make

The court may order surrender or retention of passports, prohibit removal from the UK, direct handover of travel documents to solicitors or the court, or require undertakings. It can also attach conditions to contact, order supervised contact, or direct notification to Border Force and the Passport Office.

Working with CAFCASS, police and authorities

The court often asks CAFCASS to prepare a welfare report. Where criminality or imminent removal exists the court can involve the police. Parties should notify the Passport Office and Border Force when an order is in place to help prevent departure at ports and airports.

Hague Convention and international recovery options

If the child has already been taken to a Hague Convention state the left behind parent can apply under the 1980 Convention for return. If the destination lies outside Hague coverage, other diplomatic or local legal remedies may be necessary. Early action improves chances of recovery.

Practical tips for applicants

Keep a secure copy of the child’s passport and birth certificate. Do not try to secure the passport by illegal means. Prepare clear documentary evidence, act promptly and use specialist international family lawyers for cross border issues. Maintain calm communication and avoid making threats that could harm the case.

Conclusion: swift evidence based action protects the child

A prohibited removal order offers effective prevention when backed by strong evidence and urgent legal steps. Early legal advice, full disclosure and cooperation with authorities give the best chance of protecting the child and resolving disputes safely.

Summary

– Apply when there is real risk of international removal

– Gather flight bookings, messages, bank transfers and a clear chronology

– Consider urgent ex parte relief with full and frank disclosure

– Ask the court to order passport surrender, Border Force notification or supervised contact

– Use Hague return procedures if the child has already been taken abroad

At Alexander JLO we have many years of experience of dealing with all aspects of family law and will be happy to discuss your case in a free no obligation consultation. Why not call us on +44 (0)20 7537 7000, email us at info@london-law.co.uk or get in touch via the contact us button and see what we can do for you?

This blog was prepared by Peter Johnson on 1st December 2025 and is correct at the time of going to press. With over forty years of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. He is widely regarded as one of London’s leading divorce lawyers. His profile on the independent Review Solicitor website can be found Here.

To follow up on any of the above please contact Guy Wilton of our family department. Guy has wide experience of acting for the firm’s clients, their family and their businesses. Guy’s experience as a lawyer started in the Northern and Welsh Circuits, including the Liverpool Courts, where he represented numerous clients after being called to the Bar, before opting to join Alexander JLO in 2017 and qualifying as a solicitor in 2024. He is a highly experienced family lawyer with a particular interest in financial remedy proceedings and child contact disputes.

Guy’s profile on the independent Review Solicitor website can be viewed here.