[{"@context":"https:\/\/schema.org\/","@type":"Article","@id":"https:\/\/www.london-law.co.uk\/specific-issue-order-passport-travel-restrictions\/#Article","mainEntityOfPage":"https:\/\/www.london-law.co.uk\/specific-issue-order-passport-travel-restrictions\/","headline":"Passport and Travel Restrictions: Using a Specific Issue Order to Prevent Relocation","name":"Passport and Travel Restrictions: Using a Specific Issue Order to Prevent Relocation","description":"If you worry that the other parent intends to remove your child from England and Wales, or that they have applied for a passport without your agreement, this guide explains how a Specific Issue Order can prevent relocation and protect your child\u2019s interests. I aim to make the process clear and manageable so you can [...]","datePublished":"2025-11-13","dateModified":"2025-10-20","author":{"@type":"Person","@id":"https:\/\/www.london-law.co.uk\/author\/peter-ajlo\/#Person","name":"Peter AJLO","url":"https:\/\/www.london-law.co.uk\/author\/peter-ajlo\/","identifier":19,"image":{"@type":"ImageObject","@id":"https:\/\/www.london-law.co.uk\/wp-content\/litespeed\/avatar\/4e9ed8756d384157eb826e4bc67ffb46.jpg","url":"https:\/\/www.london-law.co.uk\/wp-content\/litespeed\/avatar\/4e9ed8756d384157eb826e4bc67ffb46.jpg","height":96,"width":96}},"publisher":{"@type":"Organization","name":"AlexanderJLO London Law","logo":{"@type":"ImageObject","@id":"https:\/\/www.london-law.co.uk\/wp-content\/uploads\/2018\/03\/ajlo-logo.png","url":"https:\/\/www.london-law.co.uk\/wp-content\/uploads\/2018\/03\/ajlo-logo.png","width":460,"height":275}},"image":{"@type":"ImageObject","@id":"https:\/\/www.london-law.co.uk\/wp-content\/uploads\/2025\/10\/shutterstock_2491351429.jpeg","url":"https:\/\/www.london-law.co.uk\/wp-content\/uploads\/2025\/10\/shutterstock_2491351429.jpeg","height":667,"width":1000},"url":"https:\/\/www.london-law.co.uk\/specific-issue-order-passport-travel-restrictions\/","about":["Children","Children and divorce"],"wordCount":1705,"articleBody":"If you worry that the other parent intends to remove your child from England and Wales, or that they have applied for a passport without your agreement, this guide explains how a Specific Issue Order can prevent relocation and protect your child\u2019s interests. I aim to make the process clear and manageable so you can decide whether to instruct a solicitor.What is a Specific Issue Order for passport and travel disputes?A Specific Issue Order under the Children Act 1989 resolves a single question about a child\u2019s upbringing. In passport and travel disputes the court decides whether a child may be issued with a passport travel abroad or relocate permanently. The order can grant permission, refuse permission, or impose conditions such as supervised travel or return undertakings. The court focuses on the child\u2019s welfare and applies the statutory welfare checklist.When you should consider a Specific Issue OrderConsider applying when:– the other parent intends to take the child abroad and you reasonably fear they will not return– a passport application is underway and you did not consent– one parent seeks to relocate the child permanently and you cannot agree– urgent steps are necessary to stop irreversible action such as issuing a passport or booking long haul travelIf the situation feels urgent contact a solicitor immediately so you can secure interim protection.Parental responsibility and passport consentAnyone with parental responsibility can usually consent to a passport application for a child. Where two parents share parental responsibility one parent cannot lawfully take the child out of the jurisdiction without the other\u2019s agreement if that travel would breach an existing order or would place the child at risk. The absence of a court order does not automatically allow travel where it would amount to wrongful removal. The court will examine the practical facts, parental responsibility status, and the risk to the child if relocation occurs.Common scenarios that lead to court applicationsI see a number of common scenarios, including:– one parent books overseas holidays without the other\u2019s consent– a parent applies for a passport and intends to keep the child abroad– proposals for permanent relocation for work or family reasons– a parent threatens removal following a breakdown in communication or relationshipEach scenario requires a tailored plan to prevent harm and preserve the child\u2019s stability.Urgent interim orders: stopping the passport or travelWhen removal risk is imminent I seek interim orders at short notice. Interim relief can include:– an order that the child must not be removed from the jurisdiction– an order restraining the issue or use of passports– an order requiring the surrender of a passport already issuedInterim hearings require focused evidence that explains the urgency, the risk of removal, and the balance of convenience. I prepare concise material to show why the court should act immediately.How the court assesses relocation and travel casesThe court applies the welfare checklist and considers factors such as:– the child\u2019s wishes and feelings in light of age and understanding– reasons for the proposed travel or relocation– the likely effect of relocation on the child\u2019s education, relationships and stability– risk of abduction or failure to return– proposed arrangements for contact, schooling, and financial supportThe court balances parental autonomy against the child\u2019s need for continuity and protection.Evidence you will need to support an applicationCollect practical objective evidence early. Useful material includes:– copies of passport application forms or passport confirmations– travel bookings invoices and communications about travel plans– correspondence that shows the other parent\u2019s intention to remove the child– evidence of previous breaches of agreements or court orders– details of the child\u2019s schooling, medical needs and social connections– witness statements from family members, teachers or professionals who can confirm the child\u2019s ties to the area– evidence of risk factors such as family ties overseas, dual nationality, or previous threats to remove the childStrong documentary evidence increases the likelihood of obtaining interim protection.How I frame the application and draft precise ordersI frame applications tightly so the court can issue enforceable orders. Vague requests invite dispute and delay. Typical orders I seek include:– a Specific Issue Order preventing the child\u2019s removal from England and Wales without written consent or a court order– a prohibition on applying for a passport or on collection of an issued passport– an order for a passport to be surrendered to the court or a named third party– a return undertaking with specified conditions if travel is permitted for limited purposesI draft proposed wording to reduce ambiguity and to make enforcement straightforward.Working with public bodies and international considerationsIf the child has dual nationality or strong family ties overseas I address international aspects early. I liaise with consulates, the Passport Office and border authorities where necessary. I also consider making applications for local authority involvement or alerts to prevent removal in high risk cases. Where a parent has well-founded plans to relocate permanently I advise on Hague Convention remedies and international enforcement options if the child is wrongfully removed.Cafcass involvement and the child\u2019s voiceCafcass often prepares a welfare report in relocation cases, especially where contact may change or the child faces a different cultural environment. I work with Cafcass to ensure the officer receives a clear bundle that highlights risk and practical proposals. The court will usually want to hear the child\u2019s view in an age appropriate way and may direct a specific form of evidence to capture the child\u2019s wishes.Mediation and negotiation where relocation is being consideredMediation can resolve relocation disputes in many cases because it allows tailored practical solutions such as phased moves or contact plans that preserve relationships. You normally must attend a Mediation Information Assessment Meeting before applying to court unless safety concerns exist. I encourage mediation early because it often reduces legal costs and delivers outcomes the court may find acceptable.Enforcement: what happens if an order is breachedIf someone removes a child in breach of a Specific Issue Order you can apply for enforcement and return orders. The court can issue:– enforcement directions– penalties or committal proceedings for contempt in serious cases– return orders under the inherent jurisdiction or section 8 remediesIf the child is abroad the court may seek co-operation from foreign courts, or use the Hague Convention where applicable, to secure the child\u2019s return. I act quickly to launch enforcement measures and to liaise with international lawyers when necessary.Costs and legal aid for relocation and passport disputesLegal aid may be available where the matter involves domestic violence, child protection, or significant risk of harm. We do not deal with legal aid. Many passport disputes qualify for legal aid because they raise immediate safeguarding concerns. Where legal aid does not apply I discuss staged funding, fixed fees for emergency work, and limited scope representation so clients can access urgent protection without excessive cost.Practical steps to take immediately if you fear removalDo these things without delay:– gather travel documents, copies of passport applications, and booking confirmations– preserve communications that show intention to travel or relocate– note dates when the other parent plans to travel and any deadlines such as school holidays– contact a solicitor for immediate advice about interim orders– consider contacting the Passport Office, your local police family unit, and border agencies if the risk is immediateActing promptly increases your chances of stopping removal and preserving the child\u2019s welfare.How I help clients through the processIf you instruct me I will:– assess the immediacy of the risk and advise on interim protection– prepare a focused application supported by precise evidence– seek expedited hearings where necessary and represent you at interim and final hearings– liaise with Cafcass, the Passport Office, local authorities and international counsels as needed– advise on enforcement and international recovery if the child is removedI guide clients at every step, explain realistic outcomes and aim to protect the child with minimal delay.Common pitfalls to avoid in relocation disputesAvoid these mistakes:– delaying action until after the other parent has left with the child– relying on informal assurances instead of court orders when risk exists– failing to record or preserve communications that show intent– crafting broad vague orders instead of precise enforceable wordingEarly legal input and careful evidence gathering prevent these problems.Final checklist before you contact a solicitor– do you have copies of passport applications, booking confirmations or travel plans?– can you show communication that indicates intent to relocate or not return?– has the other parent previously breached agreements or court orders?– are there safeguarding concerns or evidence of risk?– have you tried mediation or negotiated in good faith where safe to do so?If you answer yes to any of these points contact me urgently.Conclusion: quick action, precise orders, child focused outcomesPassport and travel disputes pose real risks to a child\u2019s stability. A Specific Issue Order provides clear enforceable protection to prevent wrongful removal or to permit controlled travel in the child\u2019s best interests. If the prospect of court feels daunting you do not have to face it alone. Contact me, Peter Johnson of Alexander JLO Solicitors, for a confidential assessment. I will review your documents, advise on interim options and, if appropriate, prepare and present the application so you can protect your child\u2019s future rather than manage constant worry.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\u00a0+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 Alexander JLO\u2019s senior partner, Peter Johnson on 13th November 2025 and is correct at the time of publication. With decades 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\u2019s leading divorce lawyers. His profile on the independent Review Solicitor website can be found Here"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Passport and Travel Restrictions: Using a Specific Issue Order to Prevent Relocation","item":"https:\/\/www.london-law.co.uk\/specific-issue-order-passport-travel-restrictions\/#breadcrumbitem"}]}]