Children Act 1989, section 13

Change of child’s name or removal from jurisdiction

Part II Orders With Respect To Children In Family Proceedings

(1)Where a [F204child arrangements order to which subsection (4) appliesF204] is in force with respect to a child, no person may—

(a)cause the child to be known by a new surname; or

(b)remove him from the United Kingdom;

without either the written consent of every person who has parental responsibility for the child or the leave of the court.

(2)Subsection (1)(b) does not prevent the removal of a child, for a period of less than one month, by [F205a person named in the child arrangements order as a person with whom the child is to live F205] .

(3)In making a [F206child arrangements order to which subsection (4) applies, F206] the court may grant the leave required by subsection (1)(b), either generally or for specified purposes.

[F207 (4)This subsection applies to a child arrangements order if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following—

(a)with whom the child concerned is to live, and

(b)when the child is to live with any person.F207]

Definitions used in section 13 5

child arrangements order

"child arrangements order " means an order regulating arrangements relating to any of the following—

(a)

with whom a child is to live, spend time or otherwise have contact, and

(b)

when a child is to live, spend time or otherwise have contact with any person;

Defined in s.8(1) · see it in the full Act

“child arrangements order” has the meaning given by section 8(1);

Defined in s.105(1) · see it in the full Act
child

16 (1) In this Schedule “child” includes, in any case where an application is made under paragraph 2 or 6 in relation to a person who has reached the age of eighteen, that person.

Defined in Sch.1 para.16(1) · see it in the full Act

“child” means, subject to paragraph 16 of Schedule 1, a person under the age of eighteen;

Defined in s.105(1) · see it in the full Act
parental responsibility

“parental responsibility” has the meaning given in section 3;

Defined in s.105(1) · see it in the full Act

(1) In this Act “parental responsibility” means all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.

Defined in s.3(1) · see it in the full Act
the court

(7) For the purposes of this Act “the court” means the High Court or the family court .

Defined in s.92(7) · see it in the full Act
the order

(a) an order under paragraph 1(2)(a) or (b) for the making or securing of periodical payments in favour of more than one child (“the order") is in force;

Defined in Sch.1 para.6(9) · see it in the full Act

Cases considering section 13 67

C (A Child) (Change of Given Name)

[2024] EWCA Civ 1582 · 18 December 2024Interprets

Interprets the restriction as applying to causing a child to be known by a new surname, not to a change of given name. (see paras [22]-[24]; [29]) Applies the surname restriction where the child arrangements order regulates with whom and when the child is to live. (see paras [23]-[24])

C (Children)

[2017] EWCA Civ 980 · 12 July 2017Limits

The court distinguished a statutory permission for a short overseas stay from a parental agreement. Under section 13, no breach occurs before the permitted period ends unless a domestic court varies the position; a parental agreement carries an undertaking to return at the end of the agreed period (see paras [126]-[127]).

C (Older Children: Relocation), Re (Rev 1)

[2015] EWCA Civ 1298 · 18 December 2015Defines

The court treated section 13 as a separate restriction on removal from the United Kingdom and held that the prohibition fell away when the order affecting E was discharged. (see paras [54]–[64]) The court applied the requirement for parental consent or leave of the court before removal where the relevant child arrangements order remained in force. (see paras [54], [64]–[65]) The court noted that change of surname, like removal, was separately addressed by Parliament, although no surname issue arose for decision. (see paras [54]–[55]) The court applied the removal restriction to J and held that it ceased to operate for E once the child arrangements order was discharged as to him. (see paras [54], [64]–[65]) The court used the statutory definition of the child arrangements orders to which the removal restriction applies when analysing the 2006 shared residence order. (see paras [54], [56]–[60]) The court relied on the limb concerning with whom a child is to live in identifying the relevant existing child arrangements order. (see paras [54], [56]–[57]) The court relied on the limb concerning when a child is to live with a person in identifying the relevant existing child arrangements order. (see paras [54], [56]–[57])

47 more judgments, and what each says about section 13, are in the case-law panel in the full Act.

Amendments and notes

5 notes from legislation.gov.uk

Amendments

  1. F204Words in s. 13(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 22(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10) this amendment is subject to savings and/or transitional provisions, see the commentary.
  2. F205Words in s. 13(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 22(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10) this amendment is subject to savings and/or transitional provisions, see the commentary.
  3. F206Words in s. 13(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 22(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10) this amendment is subject to savings and/or transitional provisions, see the commentary.
  4. F207S. 13(4) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 22(5); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10) this amendment is subject to savings and/or transitional provisions, see the commentary.

Commencement

  1. I13S. 13 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)