What is International Child Abduction?
International Child Abduction is when a child is unlawfully removed from their country of habitual residence or unlawfully retained in another country. A person wishing to take a child out of the country usually needs the consent of everyone with parental responsibility for that child to do so. It can be a criminal offence to remove a child from the UK without the appropriate consent or permission of the court.
There are several pieces of domestic legislation and international treaties that deal with child abduction and the international movement of children. The Hague Convention on the Civil Aspects of International Child Abduction 1980 is the key international treaty which seeks to protect children from the harmful effects of wrongful removal and retention. There are over 100 nations which have contracted to the 1980 Hague Convention. Those rules help Courts decide whether children should be returned to their country or remain in another country.
Our approach
We are committed to providing our clients with the right approach and best solution to resolving their matters. International Child Abduction is a complex area and our team includes solicitors who are specifically accredited and on panels to work in this area. Our highly skilled and experienced team can deliver a realistic and fair perspective. Our team has worked extensively on providing individuals with advice surrounding child abduction in the UK and abroad.
Get in touch with our international child abduction solicitors
Please get in touch using whatever method is easiest for you. If you want to discuss international child abduction, contact Goodman Ray Solicitors on 020 7608 1227 or contact us online through our website or by emailing us at mail@goodmanray.com.
Call us
☎️ Call our London office on 020 7608 1227
☎️ Call our Brighton office on 01273 090211
FAQs
You should immediately seek legal advice. If the country your child has been taken to is a signatory to the 1980 Hague Convention, an application can be made through the relevant central authority (in England the central authority is the ‘International Child Abduction and Custody Unit’ or ‘ICACU’). If the destination country is outside of the 1980 Hague Convention, you should speak to us so that we can discuss other options. It may be possible to make an application to the courts in this country, or you may need to seek legal advice from a specialist in the country your child has been taken to. If you believe your child is at risk of harm or you do not know where they are, you should also consider contacting the police. You may also consider contacting Reunite International Child Abduction Centre (a specialist organisation providing advice, support and mediation in respect of issues regarding the international movement of children).
Legal Aid funding is automatically available to any parent whose child has been brought to England and Wales from a country that is a member of the 1980 Hague Convention, so long as an application is made through the central authority. Legal Aid can also be available for respondents to applications under the 1980 Hague Convention, and for parties in other types of proceedings, but this is not usually automatic and is subject to meeting eligibility criteria. Once we understand your circumstances, we will be able to assist you further on what is right for you and discuss funding options.
You should seek immediate legal advice if your child is not returned from a trip abroad as expected. Unless you have been made aware of a valid reason as to why the child is delayed in returning, you should not wait and you should seek urgent advice on whether legal steps are necessary to secure their return.
If you are worried that someone is planning on removing your child from the country without your permission, you should seek urgent legal advice. There are various steps that can be taken to prevent a child leaving the country. The court can make orders prohibiting a child being removed from your care or the jurisdiction. The court can also make emergency orders allowing for children to be located, travel documents to be seized and port alerts to be put in place. If you believe the risk of abduction is imminent, you should contact the police. You can also consider practical steps such as keeping a child’s passport in a safe location. If there is a dispute about foreign travel, but the situation is not urgent, it may be possible to resolve matters through mediation or correspondence.
