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Discovering that your child has been taken by your former partner without your agreement is every parent’s worst nightmare. Whether your child has been removed from England and Wales or retained abroad after a holiday or contact visit, it is important to act quickly. Please contact us as soon as possible to receive advice and we will expedite your enquiry to get back to you without prejudicial delay.
International child abduction cases are often urgent, emotionally charged and legally complex. However, there are steps you can take to improve the chances of your child’s safe return.
What is child abduction?
Many parents are surprised to learn that child abduction is not limited to strangers taking children.
A child may have been abducted if one parent removes them from the country, or keeps them abroad, without the consent of everyone who has parental responsibility or without permission from the court.
Common examples include:
- A parent taking a child overseas following a relationship breakdown.
- A parent refusing to return a child after a holiday abroad.
- A parent relocating permanently to another country without consent.
- A parent retaining a child overseas after contact arrangements have ended.
Stay calm, act quickly and gather information
The first few hours and days are crucial.
You should try to establish:
- Where your child has been taken.
- Whether your ex-partner intends to return.
- When the child left the country.
- Whether any family members or friends know their whereabouts.
Keep copies of any relevant communications, including emails, text messages, WhatsApp messages and social media posts. These communications can later become evidence in court proceedings.
Contact a specialist child abduction solicitor immediately
International child abduction is a highly specialised area of law. We can help you navigate it carefully to give you the best possible chance of securing your child’s return.
We can also help you if your ex-partner has accused you of child abduction. There are a number of defences that can be raised in these circumstances which might result in you not having to return your child to the country they have been removed from.
The sooner you contact us, the more options are likely to be available and the stronger your chances of success. We will expedite your enquiry to ensure that there is no delay in you deciding what action to take.
Do I have to meet with a specialist child abduction solicitor in London?
Although child abduction cases are usually heard in the High Court, in London, we are happy to meet with you at the location which suits you best. We have offices in London, Bristol, Cheltenham, Exeter and Cambridge. These cases are extremely sensitive and we recognise the importance of meeting clients in person, especially if you are having to travel long distances for court hearings.
If you live abroad, or if travelling at short notice is tricky for you, we can offer remote meetings via Microsoft Teams video call. We are happy to offer remote meetings, including out of hours, to suit you and accommodate any time difference, together with meeting the demands of your urgent matter.
Can I use the 1980 Hague Convention to seek my child’s return?
Many international child abduction cases are governed by the 1980 Hague Convention on the Civil Aspects of International Child Abduction. However, not all countries are signatories to the Hague Convention and we can advise you on whether it can be utilised, or not. If not, we will advise you on any other options available to you, including whether your child’s return can be sought using the Inherent Jurisdiction of the High Court, in wardship proceedings.
Can I prevent my child being taken abroad?
If you fear your ex-partner may be planning to remove your child from the jurisdiction, you should contact us immediately. We may advise seeking an urgent order from the court including the following:
- Prohibited Steps Orders (preventing a child’s removal).
- Port alerts (issued with border control).
- Passport orders (seizure / surrender).
The key is to seek advice before the child leaves the country, if possible. We will take every step to expedite your enquiry and ensure there is no delay in making your application to the court.
How we can help
International child abduction cases require urgent, specialist expertise. We regularly advise parents on:
- 1980 Hague Convention proceedings.
- Inherent jurisdiction / wardship proceedings.
- Emergency applications to the High Court (including ex parte or without notice).
- Prevention of international child abduction.
- International relocation disputes.
- Enforcement of foreign orders.
We understand the distress these situations cause and work swiftly to protect children and assist parents through what is often one of the most difficult periods of their lives.
Need urgent advice?
If your child has been taken abroad or you believe your ex-partner may be planning to remove them from the country, seek specialist legal advice from us as soon as possible. We will take steps to expedite your enquiry so that no time is lost in taking urgent action to protect your position. Contact Hannah Marshall.
Hannah Marshall is ranked as an Associate to Watch in the Chambers and Partners ‘Family/Children Law: International Abduction, Adoption & Surrogacy – UK wide’ category.