How to prevent an ex taking a child overseas

Introduction: when prevention becomes necessary

If a parent fears an ex will remove a child from the UK without consent, quick action matters. The family court has specific orders and the state has mechanisms to prevent international removal and to secure the child’s return where abduction occurs.

Immediate legal options: prohibited steps orders

A prohibited steps order can stop a parent from taking a child abroad or from surrendering the child’s passport. The applicant files a child arrangements or specific issue application and asks the court for urgent interim relief. The court grants this where there is real risk of removal and the order protects the child’s welfare.

Urgent ex parte orders and fast track hearings

When risk is imminent an applicant may apply without notice. The court can make an ex parte prohibited steps order or require the surrender of passports pending a return hearing. The applicant must provide full and frank disclosure; withholding material facts risks the order being set aside and costs awarded.

Hague Convention and international remedies

If a child is already removed to another Hague Convention contracting state the left behind parent can apply for return under the 1980 Hague Convention. The non convention route uses bilateral arrangements, diplomatic channels or foreign courts. Early contact with legal counsel experienced in international child recovery improves prospects. Not all counties (notably India) are signatories to the convention.

Passport control and Border Force

Parents should alert Border Force and the police if they suspect imminent travel. Where the court orders passport surrender, the passport office can be notified and Border Force can be asked to intercept travel. Police may treat non consensual removal as abduction in urgent cases, especially where a court order exists.

Role of CAFCASS and evidence gathering

CAFCASS prepares welfare reports and assists the court to assess risk and likely harm. Applicants should gather evidence such as travel bookings passports mobile messages social media posts and bank transfers that support a real risk of removal. Witness statements and a clear chronology strengthen urgent applications.

Factors the court considers

The court applies the Children Act welfare checklist and balances the risk of removal against the child’s wishes age and relationships. It examines motive for travel custody proposals the proposed destination and whether the receiving state will respect contact or return orders. The court prefers proportionate measures that protect welfare.

Practical interim measures

Interim orders may include passport surrender, travel restrictions, supervised contact, removal of the child from a high risk setting or placing the child with a safe carer. The court can also direct disclosure of travel documents and require undertakings from third parties such as airlines or schools.

If the child is taken abroad

Act immediately. Involve solicitors, contact the Foreign Office for consular assistance, and instruct lawyers in the receiving country. File Hague Convention papers if eligible and work with law enforcement and specialist recovery agencies where appropriate.

Prevention and parental cooperation

Practical prevention includes keeping the child’s passport secure, notifying schools, sharing court orders with airlines and Border Force, and negotiating clear contact arrangements. Mediation or a specific issue order may settle disputes without emergency litigation where trust exists.

Conclusion: swift evidence led action

Preventing international removal depends on swift action, robust evidence and appropriate court orders. Combining emergency family remedies, Border Force notification and international legal routes gives the best chance of protecting the child’s welfare and preventing wrongful removal.

Summary

– Apply for a prohibited steps order or specific issue order to stop travel

– Consider ex parte emergency orders when removal is imminent

– Notify Border Force police and the passport office early

– Use the Hague Convention for post removal return where applicable

– Gather travel evidence, instruct specialist lawyers and involve CAFCASS

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.