The abduction of a child is every parent’s worst nightmare. At Birkett Long our family law solicitors are here to help and support you should the worst happen.
What is child abduction?
Child abduction usually happens when one individual, or more, removes a child (under the age of 16) from the UK and takes them to another country without having permission from all those with parental responsibility or without the permission of the court. It is a criminal offence.
The only exception is where an individual has a Child Arrangements Order in place that allows the child to live with them. In this instance, the individual with the Order is able to take the child out of the country for up to 28 days without consent.
There can, however, be other types of child abduction, including where a child has been retained in a country (outside of the UK) without consent following their travel to that country for purposes of a holiday or a trip of some description. This is known as wrongful retention.
It is also possible for there to be a threat of abduction. In other words, there may be a risk that a child will be taken abroad without consent from all those with parental responsibility or without the permission of the court.
How to prevent child abduction?
If you become concerned that your child may be about to be removed from the UK to another country there are steps, we can help you take to prevent this from happening, as follows:
You can apply to the court for a Prohibited Steps Order. This can prevent the removal of a child from the country. Alternatively, it may be appropriate to apply for a Specific Issues Order. This Order requires an individual to do something, for example, hand over a child’s passport.
If you believe your child may already be in the process of leaving the country – for example, they are on their way to the airport – you should telephone the police and ask that they place the ports on alert. The police can then work with us to try to resolve the situation as calmly as possible.
What to do if your child has been removed from the country without your consent
If your child has already been unlawfully removed from the UK, contact us immediately for legal advice. The quicker steps are put in place to have them returned, the easier it will be.
The procedure to have your child returned can vary depending upon which country they are in. The UK has signed up to the 1980 Hague Convention and if your child has been taken to a country which has also signed up, it can make it much easier for your child to be returned.
Countries that have signed the Hague Convention nominate a “Central Authority” whose purpose is to assist with the return of children. The Central Authority in England and Wales is the International Child Abduction and Contact Unit (ICACU).
If your child has been abducted to a country that is not part of the 1980 Hague Convention (or you don’t know where they are ) you can apply to make the child a ward of court.
This provides the court with parental responsibility for the child and the court can then make any order it considers is in the best interests of the child. If you know where your child has been taken, consideration should also be given to commencing proceedings in that country. In this instance, specialist advice from a lawyer in that country may be required.
What if your child has been retained in the UK?
If your child has been retained in the UK, for example, if one parent fails to return the child to the other on a previously agreed date and time, it is possible to apply to the court for a Specific Issues Order (referred to above) to have them returned. Alternatively, if there is already a Child Arrangements Order in place that provides for the child to live with you, the police may be willing to help.
Contact Lisa Collins
Speak to a solicitor with expertise in child abduction
If any of the above scenarios apply to you it is imperative that you seek legal advice at the earliest opportunity. We empathise with your situation and will do our best to help you.
