Child abduction is “the wrongful removal of a child from its place of habitual residence” or “the wrongful retention of a child from its place of habitual residence” in “breach of a parent’s rights of custody”.
The wrongful removal of a child is a child being taken abroad without the other parent’s consent or without the consent of the court. The wrongful retention of a child could arise where a child is taken abroad with the parent’s consent, perhaps for a holiday, and then that child is not returned at the end of the agreed period.
Habitual residence means the country in which the child usually lives. The law is clear in that the child’s habitual residence cannot be changed as a result of child abduction.
It is generally accepted that moving your child suddenly from his/her home without reaching an agreement with the other parent or obtaining permission of the court is not in the child’s best interests. English law on child abduction is usually governed by the Hague Convention. A list of countries that have signed up to the Hague Convention can be found on the Reunite website at www.reunite.org. This international Convention respects the fact that a child’s future should be dealt with by the country that has been the child’s home.
Child abduction is a complex area requiring specialist advice.
Child abduction is a criminal offence.
What should I do if I suspect my child may be taken abroad without my consent?
If you suspect that the other parent may abduct your child, it is important you do all you can to prevent this. It is particularly important that you act quickly. You must first of all consult a specialist family law solicitor who can make an application to the court to prevent the removal of your child. Reunite, a charity dealing with child abduction, sets out a child abduction prevention guide on their website at www.reunite.org.
What should I do if my child has been abducted?
If you believe your child has been abducted, then you should immediately seek legal advice from a solicitor specialising in international family law. It is important that action is taken as quickly as possible. All countries signed up to the Hague Convention have a central authority to administer applications in order to provide legal funding in someway or another. This funding is not dependant upon how wealthy you are.