What can I do if my child is abducted from the UK?

An urgent application to the courts in the country to which the child has been taken will be required. 

The way in which this is done, and the law which applies, varies between countries.

Abduction to a Brussels II or Hague Convention Country

If a child (under 16) has been taken to a state which is signed up either to the Brussels II regulation, or the Hague Convention, and the application is made within one year, there is a presumption that the abducted child will be returned. The defences are limited.

Application is made through the Central Authority, which each country who is a signatory to it, will have.

Under Brussels II, the aim is for a decision to be made within six weeks of the application being made.

Under Brussels II it is possible to ask the English courts to review a decision of a foreign court not to order the return of a child to England. The abducted child will be returned if the English court's decision is that it should be.

Abduction to a non-Hague Country

If a child is taken to a country which is not party to one of the main conventions, above, the procedure is different, and not as swift. The considerations the court takes into account differ between countries, as does the strength of any presumption that a child should be returned to England for their future to be decided by the British courts. 

It may be useful to obtain a declaration from the English court as to the status of the child, the left behind parent, or the child’s habitual residence, for use in the foreign proceedings.

Specific Protocols

Some countries, such as Egypt and Pakistan, are not signatories to the main provisions on child abduction, such as the Hague Convention, but do have bi-lateral protocols in place setting out the considerations which will apply in such cases, and making provision for judicial co-operation between the two countries.

Child abduction solicitors

To arrange a discussion with a child abduction solicitor please contact us by email or call 0800 840 4929. We are available to take your call 24 hours a day, seven days a week.