Parental Child Abduction & International Family Law

Parental Child abduction does unfortunately occur. This can involve a child being unlawfully removed from the jurisdiction of England & Wales or being unlawfully brought and retained here.

Expert legal advice is needed in this area and it can be vital to act quickly.

If a person fears that a child is to be taken from this country then the following urgent steps may need to be considered, by way of an example only:

• a prohibited steps order to prevent the removal of the child from the country;
• a residence order in favour of the parent with care (and to obtain parental responsibility)
• where appropriate, for the child to be made a ward of court
• an all sea and air port alert (where there is a risk of imminent removal of the child)
• contact with the local police and the Police National Ports Office
• a declaration of habitual residence, if required
• seizure of any relevant passports and travel documents

Like anything in life, prevention is better than cure. There are, however, occasions whereby a child has been abducted and it is too late to take the preventive steps. In such a case much will depend on the relevant countries involved and whether European Union (EU) rules apply and/or 1980 Hague Convention on Child Abduction applies. There are also agreements in place between England and other countries, for example, and Egypt and Pakistan.

Steps sometimes needed to trace the location of a child. This can involve:

• the involvement of the Tipstaff in England & Wales to seek and locate the child
• disclosure of any relevant information and records from third parties to include:

 o the extended family
 o HM Revenue & Customs
 o the Identity and Passport Service
 o foreign embassies
 o banks
 o airlines
 o telephone and internet records

A request can be made via EU rules or the 1980 Hague Convention to have the child return to his or her place of habitual residence, namely their home country. If the EU rules or the 1980 Hague Convention does not apply then it still may be possible to request the child’s return through the courts of the foreign country.