When is abduction coming out in the uk

Legal advice should always be taken. Skip to main content. Search form Search. Relationship Agreements. Child Abduction. So what is child abduction? What is the Hague Convention? What are the defences to a Hague convention child abduction? Is it easier to oppose and defend a return to a non-Hague country? Surely, no one would be able to find out where I was with my child?

I am anxious that my child will be abducted. If the parent intends to take the child out of the UK for longer than 28 days, then they will need the appropriate consent. If this cannot be obtained then a court order would be required. The courts can impose restrictions or require that a passport be surrendered if a parent is concerned about the frequency of trips abroad or fears that the other parent may abduct the child. If a parent wants to take the child abroad for a short holiday it is sensible to seek the agreement of the other parent before going.

Parents should be reasonable about this and provide the other parent with plenty of notice. It would be considered advisable to seek the consent of other persons with parental responsibility before moving to another area in England and Wales.

However, it is not unlawful to do so without seeking the consent of other persons with Parental Responsibility. It is possible for the left behind parent to apply for a prohibited steps order and this would ask the court to prevent the parent intending to move from being able to do so. The Court of Appeal has confirmed that the court will consider the distance that the parent wishes to move and how straightforward it will be to facilitate contact with the parent left behind.

It is not the criminal offence of abduction to remove a child to Scotland, Wales or Northern Ireland. However, the consent of a person with Parental Responsibility is required to remove a child, even temporarily, from the jurisdiction of England and Wales. It is a criminal offence to remove a child to the Channel Islands or Isle of Man without the appropriate consent.

If there are any existing court orders in respect of the child under 16, they will be recognised and enforced in all courts over the UK as long as the order has been registered in the court of that jurisdiction. You will need to send a certified copy of the order to the court who can then register the order and acquire the power to enforce it.

An application can be made to the High Court for the return of a child under the inherent jurisdiction. This is also the process for securing the return of a child if the child has been taken to a country which is not part of the Hague Convention.

This is explained in part 3 of Practice direction 12F. The longer it takes to trace a child, the harder the effective return of the child may become and the more likely the child is to be settled in their new residence and another disturbance may be against their best interests.

An interim Care Order can be made to place the child in Local Authority care whilst other investigations are made. This can be done using a C4 form which can be obtained from your Local Family Court. For more information on this application see our page on Locating a child. If a parent removes their child from the UK without the appropriate consent then they will be committing a criminal offence.

A Child Arrangements Order, if granted by the courts, will decide where and with whom the child shall live. For more information on a Child Arrangements Order see our information page on Residence.

If an unmarried father without Parental Responsibility fears that his child will be abducted and taken out of the UK, there are some steps he can take to prevent this. If a parent fears that their child will be taken abroad without his or her consent, then they should consider the following:.

If there is only one parent with Parental Responsibility for the child, the parent is able to lawfully remove their child from the UK providing that it is not forbidden by a court order. Where there is another person or persons with Parental Responsibility, the parent will need to obtain either oral or written consent from those people. Please see our How-to Guide on Removal from Jurisdiction for more information.

The courts will decide the case with the welfare of the child being their paramount consideration and make their decision by determining what is in the best interest of the child. For further details on moving abroad permanently and the court process, please see our How-to Guide on Removal from Jurisdiction.

Some countries are members of an international agreement which seeks to return abducted children to the country in which they normally live. This agreement is known as the Hague Convention.

To check whether a particular country has signed the Convention click here. If a child has been abducted from the UK, there are two International Conventions that assist a parent in tracing and returning their child.

The Conventions are known as:. These Conventions have created a network of countries who work together with the intention in most cases to return the abducted child back to their place of residence. The countries that have joined the Conventions are known as Contracting States.

The aims of the Hague Convention are:. To rely on the Hague Convention, the child must be under 16 and have been habitually resident in one contracting state and taken to another.

The Central Authority of the country where the child is shall take all appropriate steps to obtain the voluntary return of the child. If this is not possible, court proceedings can be bought. After the 12 month period, it is more difficult for the child to be returned as the child may be settled in their new environment.

A defence is available to wrongful retention under Article 13 b of the Hague Convention if it can be established that the child would be exposed to physical or psychological harm, or otherwise placed in an intolerable situation, if the child was made to return to the resident country.

Like the Hague Convention, the European Convention binds all the contracting states into working together to return the abducted child back to his or her place of residence. If a child has been taken to a country that is not a joined state to either convention, it is more difficult to have the child returned. When a child is abducted to a Non Convention country, there is not a network of authorities working together to ensure the return of the child.

Click to see our Publications. Our blog deals with the issues surrounding child abduction. We discuss latest developments, new research, news items and more. Read our blog. A Child Rescue Alert is activated when a child is known to have been abducted or their life is believed to be at immediate risk.

Every second counts and your support is vital. What is child abduction? How often does it happen? Who takes children? And why?