Our team has some of the very few accredited child abduction specialists outside of London.
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In this section
Child abduction is the unlawful removal or retention of a child (under 16 years old) from the jurisdiction in which they normally reside without the permission of everyone with parental responsibility or an order of the court — even if just for a short holiday. Child abduction is a criminal offence.
There are many practical and legal steps that can be taken to try and prevent a child being removed from the UK as well as court orders that can be obtained. Applications are often urgent and sometimes without notice to the other party. It can be very important to obtain court orders to secure a child’s place in the jurisdiction and prevent further difficulties or the need for proceedings in another country.
Our expert family law team has some of the very few accredited specialists in the area of child abduction outside of London and is available to support and advise you in these difficult situations.
Expert advice
It’s essential that expert advice is sought at the earliest opportunity where there has been — or where there is potential for there to be — child abduction, because important tactical decisions and procedural steps often need to be taken.
If your child is abducted, it's important to take legal action quickly to avoid any potential difficulties in proceedings or delay the child being returned.
Similarly, if you have brought a child to the jurisdiction and are served with court papers in relation to abduction, it’s important to engage in those proceedings and obtain specialist advice urgently to ensure that your case is approached appropriately.
How the courts will proceed
The approach that will be taken by the court will depend on the country that the child has been taken to or retained in. In most cases, there will be proceedings in that country to return a child back to the jurisdiction that they usually reside in. In some circ*mstances, it may be appropriate for proceedings to be brought in the UK if a child has been taken to another jurisdiction.
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FAQs
There are a limited number of defences to child abduction which can be raised however, these are applied fairly restrictively and it’s important that these are pleaded correctly and from the outset to ensure that these are properly considered by the court. It's often advisable to get early legal advice to ascertain if any of these apply to your circ*mstances so that these can be raised before the court at the earliest opportunity.
The best form of action will depend upon which country your child has been taken to. Again, legal advice should be obtained at the earliest opportunity to ascertain where to make an application.
In the event your child has been taken to or retained in another country where an application in the UK would not be appropriate, there is an operational central authority in England known as the International Child Abduction and Contact Unit (ICACU) who are able to assist in making contact with legal representatives in different jurisdictions and connect you with appropriate legal support.
Once a child is returned to the UK, the courts in the UK then have jurisdiction to deal with the arrangements for the child. It’s then often necessary for there to be applications made and — in England and Wales — Children Act proceedings to deal with the future child arrangements to secure where the child shall live and to prevent any potential future difficulties.
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