Jones Myers’ internationally renowned Children’s Department has further expanded with the appointment of Paralegal, Jessica Saville.  

Passionate about helping to make a difference to the outcome of client’s lives at a time when they most need it, Jessica is based across Jones Myers offices in Harrogate and York.   

Jones Myers Partner, Kate Banerjee, who heads the Children’s Department, said: “Jessica is highly committed to Jones Myers’ ethos to consistently deliver excellence in family law. She adds value to our highly experienced team, and we wish her every success in her career.”

Jessica said she was attracted to Jones Myers’ outstanding reputation as a leader in children law.

She commented: “Having previously worked with Jones Myers family lawyer, Laura Sargeant, I was drawn to the practice’s high-standing in its sector – and how it remains at the forefront of the most complex areas of children law.

“I love working with the team and learning from the vast experience of its family law specialists who always make time for me. I have an empathetic nature and enjoy interacting with our valued clients.”  

Covering every aspect of public and private children law, the extensive expertise of the 16-strong Children’s Department – supported by the firm’s in-house counsel – is believed to be unparalleled.

The practice is at the forefront of complex multi-cultural matters including Deprivation of a Child’s Liberty. It also consistently achieves a  high success rate in international child abduction across Hague and Non-Hague countries. 

The majority of children law experts are members of the Law Society Children Panel. The team’s expertise extends to membership of the Advanced Family Law Panel and the Child Abduction Panel.

Ranked in the top five per cent of UK law practices delivering family law services, Jones Myers is consistently awarded a 5 star ‘Excellent’ by Review Solicitors based on client ratings. 

With headquarters in Leeds and offices in York and Harrogate, the firm has retained its top tier rankings in the Legal 500 and Chambers UK guides for over three decades.

For queries on divorce or any aspect of family law, call Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

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By Partner, Anthony Parrish from Jones Myers Children’s Department  

Disturbingly, every year there are around 1,000 cases of British children under the age of sixteen being taken abroad by one parent without the other parent’s permission.

Extensive studies highlight that cases of child abduction – whose psychological, long-term impact on children can be devastating – increase during the summer months and school holidays which are around the corner.

In the video below, I outline the process that needs to be followed in cases of international child abduction.

This includes the process for parents whose children have been taken and the procedure for parents/parties who are accused of abducting the children.

Jones Myers Children’s Department is recognised nationally and internationally for its extensive expertise in international family law and its track record in managing cases of  child abduction.

This includes situations where children are wrongfully removed from England & Wales and unlawfully retained in a different jurisdiction, or where they are wrongfully removed from another jurisdiction to England & Wales and or unlawfully retained.

Swift action is needed in child abduction cases, and seeking skilled international family law guidance is crucial.

Our consistently high success rate spans countries both inside and outside of the 1980 Hague Convention, which is an international agreement containing a number of signatory countries following the same procedure in responding to Child Abduction.  

We are highly experienced in liaising with the Foreign and Commonwealth Office, the Home Office along with officials, police forces and politicians at the highest level at home and overseas.

Jones Myers extensive expertise spans representing parents whose child has been taken to either a country outside of the jurisdiction of England and Wales or brought or retained in the jurisdiction of England and Wales without the other parent’s consent or knowledge, referred to as the applicant, and parentswho are accused of abducting the children, referred to at the respondent.

Helpful websites include International parental child abduction – GOV.UK (www.gov.uk) and Reunite | International Child Abduction Centre | Child Abduction Charity

For queries on International Child Abduction or any aspect of children law or family law, call Jones Myers at Leeds 0113 246 0055, Harrogate 01423 276104, or York 01904 202550. Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet @helpwithdivorce

Jones Myers blog is ranked 5th in the UK’s Best 20 family law blogs and websites to follow in 2026.

Image courtesy of ArminEP, Pixabay  

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By Kate Banerjee , Head of Jones Myers Children’s Department

Extensive studies and statistics highlight that cases of child abduction increase during the summer.

The psychological impact on children can be devastating and long-lasting – and it is vital to obtain the permission of everyone with parental responsibility for a child before taking them abroad.

Every year there are around 1,000 cases of British children under the age of sixteen being taken abroad by one parent without the other parent’s permission. This is a criminal offence if the offending parent has not obtained a Court’s permission.   

Many cases see children whisked away to countries that are not a signatory of the Hague Convention on International child abduction, an international agreement made in 1980.

Non-signatories of the Hague Convention extend to over sixty countries where there are no international systems to help parents find their children. They include Afghanistan, Egypt, Iraq, Iran, Saudia Arabia, United Arab Emirates and Zimbabwe.

Tell-tale signs

• Behavioural changes/deteriorating relationship between parents
• Leaving a job
• Selling a house
• Seeking a copy of a child’s birth certificate
• Trying to obtain a child’s passport
• Increased contact with family or friends overseas
• Wanting to take a child away without the other parent

Preventative steps

• Apply to the Court for a Prohibited Steps Order (PSO) preventing either parent from taking their children to events/trips without the express permission of the other parent
• Apply for a Child Arrangements Order which clearly sets out the ‘custody rights’ each parent should be exercising. In cases where an abduction occurs, it demonstrates an infringement of custody rights  
• Ensure that parental contact is supervised or, in extreme cases, stopped altogether
• Keep passports safe – an option is for a solicitor to hold them
• Ask the Passport Agency  to block the other parent from applying for a new passport
• In term time, ensure the school know exactly who is allowed to collect your child from school

If you receive a threat of child abduction or if your child has been abducted:

• Contact the police immediately. They can issue alerts to airports/ferry terminals and liaise with Interpol who may be able to work with police forces abroad to help find your child
• Give the police recent photos of your child and the other parent, together with details of the airport or destination you think they may be heading
• Contact Reunite, a UK charity specialising in parental child abduction which operates a 24 hour emergency helpline
• Seek legal advice immediately

Guiding you through this complex process

Jones Myers is recognised nationally and internationally for managing cases of parental child abduction.

This includes children being wrongfully removed from England & Wales and unlawfully retained in a different jurisdiction – or being abducted from another jurisdiction to England & Wales and illegally retained.

Our consistently high success rate spans countries both inside and outside of the Hague Convention. We are highly experienced in liaising with the Foreign and Commonwealth Office, the Home Office along with officials, police forces and politicians at the highest level at home and overseas.

Helpful websites include International parental child abduction – GOV.UK (www.gov.uk) and Reunite | International Child Abduction Centre | Child Abduction Charity

For queries on international child abduction or any aspect of family law, call us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

Jones Myers blog is ranked among the UK’s Best 25 family law blogs and websites to follow in 2024.

Image by David Reed at Pixabay

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The possible resumption of foreign holidays from next month is prompting concerns from divorced parents who fear their ex will want to take their children abroad. 

This anxiety is further heightened by the continuing global pandemic which places countries in a traffic light system depending upon their Covid figures and degree of risk.   

The safety of your child is of paramount importance. At present it is illegal to travel abroad without a reasonable excuse. Anyone thinking of travelling for pleasure from May 17 when restrictions are expected to be lifted should follow Government advice on this website.  

Outside of the ever changing restrictions due to Covid-19, there are only two circumstances in which your ex can take your children of the country for up to a month without your permission. Covid rules and regulations have not changed that.

The first is if they have a Child Arrangements Order that verifies that a child “lives with” them, or if they secure a Court Order – called a Specific Issue Order – giving consent.

The latter is applied for if your spouse does not have a Child Arrangements Order and thinks you are unreasonable in refusing permission. In these circumstances, the Court is asked to consider the facts of each case, and determine whether the child should be allowed to travel.

In reaching this decision the Court is likely to take into account relevant factors such as government advice, and quarantining rules, as well as other factors such as durations of the holiday and location etc. The Court is usually fairly reluctant to stand in the way of a child enjoying quality family time on a holiday abroad unless there is a clear justification for it.

For an application to be successful, the applicant should provide details of the proposed holiday – where they will be staying, with whom, for how long etc. The parent remaining at home may also need assurances that their spouse will return the child’s passport after the holiday and call them regularly while they are away. 

Examples of when the court may not approve a holiday would be if a child may be at risk due to medical reasons or if they are travelling to a dangerous part of the world. It might also be reasonable to assume the Court may consider a further reason being the proposal to travel to one of the 40 countries currently on the Government’s red list.  

Courts are also more wary if your ex plans to take your child to countries that are not a signatory of the Hague Convention on International child abduction. They include Afghanistan, Egypt, Iraq, Saudi Arabia, Zimbabwe, India and Iran.

If you have major concerns, you can also apply to the court for a Prohibited Steps Order which prevents either of you taking your children outside the country without the other’s permission.

If your ex pressurises you to approval their travel plans, we advise taking expert legal advice on the legality of the travel. You can also keep hold of your child’s passport until you have the details of the holiday and are satisfied it is safe to travel.

Our dedicated Children Department is adept at dealing with all aspects of children law and balances the needs of children and their parents in wide-ranging issues. As collaborative family lawyers, we advise parents to reach a settlement, wherever possible, by avoiding protracted, expensive and stressful court confrontations.

For advice on children law, divorce or family law related issues, call us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet @helpwithdivorce

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By Norman Taylor, Collaborative Family Law Expert 

Changes in divorce law following Britain’s departure from the EU on December 31 could potentially impact millions of UK residents.

This includes those who were born abroad, residents who have a non-British nationality or who are married to a British national along with British nationals who are married to an EU national.

Vital areas affected by cross border divorces and relationship breakdowns span child contact arrangements, child maintenance and finances.

Whereas up to now British expats have had the option to use English courts to conduct their divorce, this may no longer be applicable.  

Below are some scenarios to help illustrate divorce law post-Brexit:

Q. I am married to a French national living in France, but we are about to separate and he is talking about starting divorce proceedings in France. How does Brexit affect my decisions about commencing divorce proceedings?

A. If there are two Divorce Petitions issued in different EU countries prior to 31 December 2020, the first in time prevails.

From 1 January 2021, if two Divorce Petitions are issued, one in the UK and one in France, the prevailing jurisdiction from a UK perspective will be decided on the country whose jurisdiction is the most appropriate. This will be determined by such factors as the parties’ nationalities, location of the family home, where are most of the assets, where the family lived during the marriage, where the parties work – and where the children attend school.

To pursue divorce proceedings in the UK post-Brexit, you will have to show that the UK court has jurisdiction. This means, for example, that you are domiciled here i.e. you now consider the UK to be your permanent home. 

Q. I am divorced and have a court order that my ex pays both spousal and child maintenance. My ex is a German National – if he returns to Germany and does not pay, how can I enforce the order?

A. Because the order is already in existence i.e. Pre-Brexit, it can be enforced in the EU as if Brexit was not happening. The same would apply to orders made in the future so long as the initial application was filed at court up to 11pm on the 31^st December 2020.

Many of the changes highlighted above will apply to Civil Partnerships and same-sex marriages. 

Please be aware that is a very complex area of law and each case will be resolved according to its own unique facts. We strongly advise that if you are in a relationship breakdown with a partner who is a national of an EU country, you consult an expert lawyer.

For more information contact peter.jones@jonesmyers.co.uk or norman.taylor@jonesmyers.co.uk in the first instance. Our offices are located at Leeds on 0113 246 0055, Harrogate on 01423 276104 and York on 01904 202550.

Visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

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Jones Myers’ highly-experienced Children Department continues to represent the mother of a 12 year old girl from Leeds who has been missing in Egypt since 2011.

Recent developments in the long-standing case include High Court judge Mr Justice Mostyn asking Foreign Secretary Jeremy Hunt to help locate Elsa Salama who was abducted aged just 4 by her father, Tamer Salama.

Jones Myers has represented Elsa’s mother Naomi Button in her relentless campaign to be reunited with her daughter who was snatched by her estranged husband from the resort of Sharm El Sheikh on 27 December 2011 while on holiday with her mother to visit her paternal family in Egypt.Placing Elsa in his mother’s care before also returning to England, Tamer Salama has served the equivalent of four years in jail for refusing to comply with court orders to return Elsa to her mother.

Even to this day he refuses to reveal Elsa’s whereabouts – saying only that she remains with his mother in Cairo the capital of Egypt which is not a member of the Hague Convention.

This week Mr Justice Mostyn has also asked the Metropolitan Police Commissioner Cressida Dick to consider if Tamer Salama should face criminal proceedings for child abduction and perjury offences.

In the last eight years, Naomi Button and Kate Banerjee, who heads Jones Myers Children Department, have left no stone unturned in their painstaking campaign to bring Elsa home.

Launching and sustaining an international appeal for Elsa’s safe return, they have returned to Egypt on numerous occasions and instigated legal proceedings there. In 2012 Elsa was made a ward of court, giving judges the authority to make decisions about her movements, and Naomi has been awarded custody orders requiring Elsa to be returned.

A new spark of hope came from a recent High Court hearing headed by Mr Justice Mostyn who announced that a formal approach to the Foreign Secretary to use ‘all available diplomatic measures’ should be made.

Addressing the court, he said: “The cruelty that is being inflicted on this woman and on this child is formidable. It is hard to imagine the daily agony that this mother must endure”

He added: “I intend to write a judgment respectfully pleading with the Foreign Office to use all diplomatic measures to locate this British child, this ward of court, who has been missing for all these years…“Although there have been informal approaches to diplomatic sources, there hasn’t yet been a formal approach made.”

Kate Banerjee said: “I cannot begin to describe the eight years of heartache that Naomi has ensured in her agonising, and up to now, fruitless search to bring Elsa home. We wholeheartedly welcome Mr Justice Mostyn’s pledge to request the Foreign Secretary’s assistance in this heart-wrenching case.”

The Jones Myers blog features advice for parents who are concerned their spouse may take their children out of the country during a divorce.

Contact us on children issues or family law matters – call our Leeds office on 0113 246 0055, our Harrogate office on 01423 276104, visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

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Image ID 115151700 ©Florin Seitan, Dreamstime.com

By Kate Banerjee, head of Jones Myers Children Department

In our extensive experience, divorced or separated parents become anxious for many reasons when one of them wants to take their children abroad.

Our latest blog, which will also be featured in The Divorce Magazine, explains how there are only two circumstances in which your spouse can take them out of the country for up to 28 days without your permission.The first is if they have a Child Arrangements order (formally called a Residence Order) that a child “lives with” them, or if they secure a Court Order giving consent – a Specific Issue Order.

The latter is applied for if your spouse does not have a Child Arrangements Order and thinks you are unreasonable in refusing permission. In these circumstances, the Court is asked to resolve a matter by considering the facts of each case, and determining whether the child should be allowed to travel.

For an application to be successful the applicant should provide details of the proposed holiday – where they will be staying, with whom, for how long etc. The parent remaining at home may also need assurances that their spouse will return the child’s passport after the holiday and call them regularly while they are away.

Examples of when the court may not approve a holiday would be if they are travelling to a dangerous part of the world, or if the child may be at risk due to medical reasons. Generally, the Courts take the view that a holiday is in the child’s best interests unless there is good reason otherwise.

The Court will make its decision based on what is in the child’s best interests. In the majority of cases an order will be granted if the child is keen to go on the break and will benefit from it – and providing your ex promises to bring them back when the holiday is over.

Courts are more wary if your spouse plans to take your child to countries that are not a signatory of the Hague Convention on International child abduction. They include Afghanistan, Egypt, Iraq, Saudi Arabia, Zimbabwe, India and Iran.

If you have major concerns, you can also apply to the Court for a Prohibited Steps Order which prevents either of you taking the children outside the country without the permission of the other parent.

Parents who object to their children going abroad are often pressurised by their ex to give their approval. If you find yourself in this positon then you should seek legal advice on the legality of the travel. A practical tip would be to keep hold of your child’s passport until you have the details of the holiday and are satisfied that it is safe to travel.

In most cases the planned trip abroad genuinely is just that. However if you are worried that the holiday may be part of a plan for abducting your child, by which we mean permanently removing your child from the jurisdiction, we recommend you look out for the following signs:

• Selling a house
• An interest in obtaining a copy of your child’s birth certificate
• Making moves to obtain your child’s passport
• Leaving a job

If you think that there is a chance your child may be abducted abroad, then you should also consider the following preventative steps:

• Ensure contact is supervised. In extreme cases, you may seek to stop contact altogether
• Keep passports safe and consider depositing them with a solicitor
• Ask the Passport Agency to block your ex from applying for a new passport
• Notify your child’s school about who is allowed to collect them

The severe psychological impact on children who have been abducted can be devastating and long lasting. If in doubt, seek legal advice immediately.  

For more information about children, divorce or family law issues, call Jones Myers at our Leeds office on 0113 246 0055, our Harrogate office on 01423 276104, visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

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The latest in our series of team profiles puts the spotlight on Kate Banerjee, head of the Children Department

What type of children law cases do you and your team work on?

We pride ourselves on making a real difference to our clients, representing children in the most difficult situations to improve their lives – and the lives of those caring for them. Our cases include adoption, child abduction, child arrangements, care proceedings, internal and external relocation and Court of Protection work.Where are your clients based?

Jones Myers has offices in Leeds, Harrogate and London and our clients are based, locally nationally, across Europe – and internationally. Our team are all experienced advocates; ensuring clients liaise with the same lawyer throughout their case. Today’s technology enables us to communicate effectively with our clients via the internet and Skype.

Do all the case you take on end up in court?

Half of the cases we take on are settled out of court. If clients can’t reach a settlement through informal negotiations, we guide them through options including non-confrontational routes such as mediation and collaborative law.

When going to Court is the only viable way forward, our highly experienced solicitor advocates and in house barrister pursue litigation in local and national Family Courts, High Courts and the Court of Appeal.

The firm has a reputation of being at the forefront of international child abduction cases – how do you support clients in these difficult and stressful situations?

In many cases, children are whisked away to countries that are not a signatory of the Hague Convention on International child abduction – an international agreement made in 1980. These countries include Afghanistan, Egypt, Iraq, Saudi Arabia, Zimbabwe, India and Iran to name but a few.

Such cases can prove especially challenging because there are no international systems in place to help parents who are desperate to find and be reunited with their children.

We have extensive experience in liaising with the Foreign and Commonwealth Office when children are removed from the jurisdiction and with the Home Office on cases involving the nationality of children and disputes relating to international aspects of these cases. We’re accredited to a specialist Panel operated by the International Child Abduction and Contact Unit in London.

What are the most significant and/or complex cases you have dealt with?
They include international child abduction cases in countries which are not bound by the Hague convention.

What is the single biggest change in family law you have encountered in your career?

The demise of Legal Aid in 2013 because those who most need advice are not receiving it – which is impacting on children involved.

How do you switch off outside work?
I enjoy spending time quality with my family and friends and dog walking. We have a very lively Cockerpoo who keeps us all on our toes!

For information about any aspect of children or family law, call Jones Myers at our Leeds office on 0113 246 0055, our Harrogate office on 01423 276104, visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

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A call for more concerted action to prevent children in parental disputes being abducted overseas comes as yet more disturbing cases hit the headlines.

The stark reality is that around 1, 000 British children are taken abroad by the other parent without permission every year.

The appeal for a global campaign comes from the charity, Abducted Angels which raises funds for families to help them trace their children and bring them back. The organisation also enlists the voluntary services of social workers and counsellors to help rehabilitate abducted children.

In many cases, children are whisked away to countries that are not a signatory of the Hague Convention on International child abduction – an international agreement made in 1980. These countries include Afghanistan, Egypt, Iraq, Saudia Arabia and Zimbabwe.

Such cases can prove especially challenging because there are no international systems in place to help parents who are desperate to find and be reunited with their children.

The Foreign and Commonwealth (FCO) office will do its best to help but admits to having limited powers because it cannot interfere in the laws of a non-Hague country.

The severe psychological impact on children who have been abducted can be devastating and long lasting and it is vital to obtain the permission of everyone with parental responsibility for a child before taking them abroad. Below are some tips on how to stay vigilant and keep your children safe.

Tell-tale signs to look out for:  

• Selling a house
• An interest in obtaining a copy of a child’s birth certificate
• Making moves to obtain a child’s passport
• Announcing a desire to go on holiday with the child/children and without the other parent
• Leaving a job

Preventative steps to consider:

• Apply to the Court for a Prohibited Steps Order (PSO); this prevents either parent from taking their children to any specific events or any trips without the express permission of the other parent
• Ensure that contact is supervised and, in extreme cases, you may wish to stop contact altogether
• Keep passports safe and consider depositing them with a solicitor
• Contact the Passport Agency and ask them to block the other parent from applying for a new passport
• Notify the school about who is allowed to collect your child from school

If you receive a threat of child abduction or if your child has been abducted:

• Contact the police immediately, who can issue a port alert to airports and ferry terminals. Recent photos of your child and the other parent, together with details of the airport or destination you think they may be heading, will help the police to focus their search
• Contact Reunite, a UK charity specialising in parental child abduction which operates a 24 hour emergency helpline.
• Seek legal advice immediately

For more information about child abduction, children’s issues, divorce or any aspect of family law, call Jones Myers at our Leeds office on 0113 246 0055, our Harrogate office on 01423 276104, visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

The post Tell-tale signs and tips to help prevent your child being abducted appeared first on Jones Myers.

By Kate Banerjee, Partner and head of the Children Department

Child custody disputes and parental abduction are understandably the most traumatic and sensitive issues in divorce.

They are further intensified when arguments cross international borders and one parent refuses to surrender or share access to the children – even when instructed to by a court – and the other is left frustrated by unavailable, unfair or inaccessible legal remedies.

The recent Beirut kidnapping case, where Australian mother, Sally Faulkner, is in a Lebanese prison facing a ten-year sentence after a failed child recovery operation, is an example of what can happen when you take matters into your own hands.

Despite Faulkner being awarded sole custody of her two children, Lahala, six and Noah, four, by an Australian family court, her estranged husband, Ali Elamine, took them from the country nearly a year ago then refused to let them return.

The case is further exacerbated by the fact that Lebanon is not a signatory to the Hague Convention, which helps facilitate the return of internationally abducted children.

It is extremely difficult to return a child from a country that has not signed the Hague Convention. The challenges a parent faces in such circumstances can be overwhelming and desperately frightening as they struggle to get their child back.

Even when the country is a signatory, the process is extremely traumatic and abusive for the child or children involved as they are subjected to significant emotional harm.

Nevertheless, the Foreign and Commonwealth Office (FCO) makes it very clear that if a parent tries to ‘re-abduct’ a child it cannot step in and mop up should things go wrong.

I have considerable experience in international child abduction cases and am a member of the International Child Abduction and Custody Unit. While most clients believe that the government can intervene to order and help with the return of a child to England and Wales, the reality is that although support is available, parental child abduction cases can take years to resolve.

Similarly, Faulkner and her lawyers must now sort things out without the help of the Australian government and are said to be trying to reach a new agreement with her ex-partner’s legal team. However, they have had to offer to give up her sole custody in order for criminal charges to be dropped.

Despite the risks, covert tracing and snatching of children who have been abducted is a thriving business – yet it would be far better if divorcing parents considered a few preventative steps which we have outlined in a previous post.

If you have any comments, queries or concerns on child abduction or wider divorce related matters, leave a comment below, call the Jones Myers team on 0113 246 0055 or tweet us on @helpwithdivorce.

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