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If one parent has sole custody (granted by the Guardianship, Custody and Access to Children Act or a court order), that parent generally has the right to decide if the child may travel. However, where custody is joint, or where a court order restricts travel (for example, requiring both parents’ consent to take the child abroad), then travel requires agreement from both parents or permission from the court.
Where a parent fears the other may remove the child from the Federation without consent, that parent may apply to the High Court for an injunction or a non-removal order to prevent the child being taken out of the jurisdiction.
The police may act in the following narrow situations:
Court Order Enforcement – If the court issues an injunction prohibiting travel, or orders the child to be surrendered to prevent unlawful removal, the police may assist in enforcement.
Suspected Abduction – If a parent attempts to remove a child contrary to an order, or without lawful authority (for example, in violation of custody terms), this could amount to an offence. The police may intervene under general powers to prevent an unlawful act.
Immigration & Border Checks – Immigration officers at ports of entry/exit may stop a child from leaving if there are concerns about custody disputes or if a parent alerts the authorities. The police may be called to support, but the trigger must usually be a prior court direction or an active complaint.
A parent wishing to travel with a child should carry proof of custody or written consent from the other parent, especially in joint custody situations.
A parent opposing travel should apply promptly to the High Court for an order restricting removal.
Police cannot independently decide which parent may travel with the child. Their role is to enforce existing orders or to intervene only if there is an imminent risk of abduction or harm.
In short: The police cannot lawfully take a child from one parent and hand the child to another merely because of a travel disagreement. Only a court order or clear evidence of unlawful removal gives them authority to intervene.
Royal St.Christopher & Nevis Police Force
Our Vision: A Federation that is a safe place for all to live, visit, work and do business.
Cayon Street
admin@police.kn
869-465-2241
Emergency No.- 911
