Parental child abduction

If there is a concern that a child may be taken out of this country, it is essential that you act quickly. 

Parental child abduction occurs when a child under 16 is taken away from their country of residence by a person who is connected to the child without appropriate consent. The laws in relation to child abduction apply as between two countries, not the movement of children within the countries of the United Kingdom.   

Establishing child abduction

There are several key elements to establish if an ‘abduction’ has taken place:

• the child involved is aged under 16
• the child has been removed from his/her usual country of residence or wrongfully retained in a country which is not their usual country of residence
• the removal or retention has taken place in breach of rights of custody of the left behind parent
• the left behind parent was exercising those rights of custody at the time the removal/retention took place

If all of those elements exist, it is likely that the left behind parent will be able to instigate urgent child abduction proceedings to secure the child’s return. Those proceedings are taken in the country the child has been taken to.

There are several defences which can be raised to an allegation of abduction. These include:

• consent or acquiescence by the left behind parent
• that the child would be placed in an intolerable situation or at risk of grave harm if returned
• that the child is now settled in the new country

Child Abduction Solicitors

If your child has been abducted contact our child abduction solicitors immediately on 0800 840 4929. Our phone lines are open 24 hours a day.