ANNEX C: Detailed explanatory note for Part 1 of Schedule 1 Paragraph 10: Unlawful removal of children
846.Paragraph 10(1) brings within the scope of civil legal aid services provided for an individual in relation to any of a list of specified orders and requirements where the individual is seeking to prevent the unlawful removal from the United Kingdom of a child to whom the individual is related. It also provides that civil legal services may be made available to an individual who is seeking the return of a related child who has been unlawfully removed to a place within the United Kingdom.
847.A typical situation would be where a child resides with one parent pursuant to a residence order and there are settled arrangements for staying contact with the ‘non-resident’ parent, the child is collected by the ‘non-resident’ parent but is not returned and there is concern they may remove the child from the United Kingdom. Legal aid may be made available for the resident parent in relation to the orders or requirements to prevent the removal which are listed in sub-paragraph (1)(a) to (c). A similar situation within the UK would be where the non-resident parent does not return the child to the resident parent after a period of otherwise agreed contact has ended.
848.Paragraph 10(2) brings within the scope of civil legal aid certain services provided to an individual seeking to secure the return of a related child who has been unlawfully removed to a place in the United Kingdom
849.Sub-paragraph (3) applies to this category the exclusions in Parts 2 and 3 of the Schedule. Sub-paragraph (4) provides that a child is “related” to an individual if the individual is the child’s parent or otherwise has parental responsibility for the child (for example, by way of a residence order). Sub-paragraph (5) defines a child as a person under 18, which is in line with the Children Act 1989 although only in exceptional cases would fresh orders be made, or orders varied, for those aged between 16 and 18.