Child Abductions & Relocations (UK & Abroad) and International Family Cases

Child Abduction

In the UK, removing a child without the consent of the other parent or a court order, is a criminal offence.

A resident named as the person with whom the child is to live can take a child abroad for up to 28 days with a Residence Order or Child Arrangements Order.

Under the Hague Convention on Child Abduction, a country can order the return of a removed child without permission or a court order.

We can help advise you if you are eligible for Legal Aid (also termed Public Funding). Public funding is automatically available to everyone living abroad, generally to the “left-behind” parent in cases of child abduction, or for contact with a child, under the Hague Convention. This applies regardless of merit or wealth.

You can apply for public funding even if you are the abducting parent, however you will be means-assessed, and will not automatically receive funding.

Click here for a list of countries that subscribe to the Hague Convention (and the EU Convention).

Returning a wrongfully removed or retained child from this country and incoming abductions of children

The Hague Abduction Convention is a multilateral treaty. It’s also known as the Hague Convention on Civil Aspects of International Child Abduction. It provides a way to expedite the return of a child who has been internationally abducted by a parent from one member country to another. The treaty was developed by the Hague Conference on Private International Law (HCCH).

One main objective of the Convention is to prevent parents from crossing international borders to gain access to a more sympathetic court. This is in the event of an alleged wrongful removal or retention of their children. The Convention applies to children under 16.

According to the Hague Abduction Convention, a child considered a “habitual resident” of a contracting party must be immediately returned if any custody or access rights have been breached. In general, all contracting states, including their judicial and administrative bodies, must act quickly when seeking to have children returned. They are obliged to use the most expeditious procedures at their disposal to ensure that a final decision is made within six weeks of the commencement of the proceedings.

We can help you locate your child or children and obtain a court order to ensure they are reunited with you.

What can I do if my child is taken abroad without my consent?

It’s essential to seek legal advice as soon as possible. If it’s established that a child habitually lives in the UK you should undertake the following:

Firstly, where the destination country is known, an application should be immediately made to the International Child Abduction and Custody Unit (“ICACU”). This is the central authority for England and Wales. You can access the application form along with relevant guidance here: https://www.gov.uk/government/publications/international-child-abduction-and-contact-unit-application-form

The second step is to consider applying to the High Court for an order demanding the return of the child or children to England and Wales.

Some countries can’t process applications for a return as quickly as others, however alternative orders may be enforceable in those countries, similarly to how they would be enforced in this country.

Defending an application to return a child to another country

The Convention allows some limited defences against the return of a child who has been wrongfully removed or retained. To defend against the return of a child, the defendant (the removing parent) must demonstrate that:

The Petitioner (or left behind parent) did not, in fact, exercise custody rights at the time of removal or retention under Article 3; or

(b) That the Petitioner had consented to, or acquiesced to the removal or retention of a child or children under Article 13; or

(c) That more than a year has passed since the time of wrongful removal or retention until the commencement date of judicial or administrative proceedings, under Article 12; or

(d) That the child is old enough and sufficiently mature to knowingly object to being returned to a Petitioner, and that it is appropriate to heed that objection, under Article 13; or

(e) That there is grave risk that the child’s return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation, under Article 13(b); or

(f) That returning the child would subject said child to a violation of their basic human rights and fundamental freedoms, under Article 20.

The English courts are extremely strict, particularly in regard to potential grave risks and intolerable situations. If possible, they will seek to apply protective measures from the country of origin and left-behind parent to reduce risk to the child.

Seeking contact/access to a child in this country

The Hague Convention enables the provision of assistance for obtaining, organising, and protecting access rights as per article 21. Public funding is available and is overseen in the same way as with an abduction case, i.e., it is not merit or means-based. Proceedings usually commence in the High Court.

As with any application made under the Children Act, 1989 (the law governing the welfare of children in this country) the same principles apply.

According to the Act, the welfare of the child or children is of paramount consideration for the courts.

International relocation

When a parental relationship within an international family breaks down, one parent may then wish to relocate.

If they want to relocate with their children they must make it very clear to the court that the move will be in their children’s best interests. The court will want to see certain key features.

Internal Relocation

The Case of Re: C late in 2015 clarified the approach to internal relocation which means the court will consider the best interests of the children as being paramount, just as in international relocation.
Re: C involved a move from London to Cumbria which to some parents may just as well be abroad. There may be a lifelong impact on the relationship between the left-behind parent and the child due to the logistics of contact and the effects on the relationship.

In all relocation applications, the courts must determine whether the move is compatible with the child’s welfare, particularly in terms of maintaining the child’s relationship with his or her non-moving parent. Courts determine whether relocation can be done in a manner that is compatible with the child’s welfare in all relocation applications, especially in terms of maintaining the child’s relationship with the non-moving parent.

International Family Cases

Our expertise includes:

Obtaining financial advice following divorce in another country

If a divorce has been pronounced abroad and financial provision made (or not, as the case may be) the English Family Courts may grant divorce financial provision. Part III of the Matrimonial and Family Proceedings Act 1984 governs this matter.
In general, to bring a claim in England, each party must have a sufficient connection to England, as follows:

The purpose of this legislation is not to act as a second attempt at a settlement, but to address financial matters that would not otherwise have been resolved in this country.

In particular, proceedings can be useful where the law of the country where the divorce occurred does not permit orders in certain areas.