Member Article

When the family team at Shoosmiths is instructed to advise on international child abduction we are very much aware that the parent left behind is often living a real-life nightmare.

The situation usually involves our client’s child(ren) having been abducted by the other parent and being retained in a foreign country, or there being a serious risk that the other parent is about to abduct the child(ren) from this country to somewhere overseas.

Whatever our client’s circumstances, they invariably need us to provide urgent advice and to take immediate action on their behalf.

What is international child abduction?

International child abduction is the unlawful removal or retention of a child outside of the jurisdiction in which they were habitually resident. If the child(ren) has/have not yet been abducted, but it is feared they soon could be, there are certain preventative measures on which we can advise, including:

• applying for a specific issue or prohibited steps order under the Children Act 1989, e.g. the court can prohibit a parent from taking their child(ren) out of the country, or the count can restrict the parent’s ability to take the child(ren) to certain places outside their home
• applying for a child arrangements order also under the Children Act 1989. This type of court order can regulate the child(ren’s) living arrangements, thereby ensuring that the child(ren) may not be removed from the UK for more than one month, without the consent of all parties who have parental responsibility for the child(ren)

If the child(ren) has/have already been abducted, there are various options available to ourclient on which we can advise, including:

contacting the police as the child abduction may constitute a criminal offence. In certain cases, the police are best suited to obtain key information more quickly than any other authority

depending on which country the child(ren) has/have been abducted to, our client may have the ability to seek assistance from the UK Central Authority. The International Child Abduction and Contact Unit (“ICACU”) is the relevant authority if the child(ren) were habitually resident in England or Wales at the time they were retained in a country that is a signatory to the 1980 Hague Convention on Civil Aspects of International Child Abduction (“1980 Hague Convention”)

What is the 1980 Hague Convention?

The 1980 Hague Convention is an international agreement designed to ensure the swift return of abducted children (under 16) across international boundaries to the country they usually live in. If a child is abducted or retained in a country which is a signatory to this convention (most countries in Europe are signatories along with the USA, Australia and New Zealand), it can be relied upon when making an application for return of the child.

Each participating state has its own central authority responsible for transmitting and receiving applications on behalf of left behind parents. Governments and courts in each signatory state work closely together to ensure that abducted children are returned to the country they usually live in as quickly as possible.

The convention enables the return of an abducted child, save for specified circumstances that have to do with the best interests of the child. These include where there is a ‘grave risk’ to the child’s wellbeing if he or she is returned and where a child who is sufficiently mature to have an opinion has a strong preference for remaining with the parent who has carried out the abduction.

With all this in mind, it is crucial to establish whether the abduction involves a Hague or a non-Hague Convention country. Regardless of the particular case details and problems posed, the family team at Shoosmiths are on hand to advise our clients accordingly and take action whenever required.

How we can help 

If your child has been abducted to somewhere outside of their usual jurisdiction, you should take immediate action and seek specialist legal advice. Likewise, if your child has not yet been abducted to somewhere outside of their usual jurisdiction, but you fear that they could be, you should speak to your lawyer and carefully consider the next steps to take.

It cannot be stressed enough how much urgent specialist legal advice is required in any instances of potential or actual international child abduction. To discuss how Shoosmiths might be able to help you with any issues of this nature, please feel free to get in touch with our family team on 03700 86 8300.