International child abduction, or parental child abduction (kidnapping) as it is also often referred to, can cause very complex legal issues.

When people generally think of child abduction, they think it must refer to a stranger of a child. However, many people are unaware of the fact that international child abduction can occur by a parent of the child.

If, like many others, you’re not sure what exactly international child abduction is and how it can be prevented – then read our latest article as answered by one of our expert family solicitors:

What Is International Child Abduction?

International child abduction refers to the removal of your child from your normal country of residence without your knowledge or consent. This is normally by someone you know and commonly happens in relationships that involve parents originally from different countries, but this is not always the case.

This is extremely common and usually can happen with no warning. If something does not feel right, or you have suspicions that something may happen, do not ignore them and contact an expert as soon as possible.

It is easier to take steps to prevent abduction than to act after the matter. There is no profile to the typical abduction and it can happen to anybody no matter which country, state of relationship or resources that you have access to.

Is It a Criminal Offence for a Parent to Abduct Their Child to Another Country?

It is a common misconception that if a parent takes their own child to another country then this cannot be a criminal offence.

However, under the Child Abduction Act 1984 – it is actually a legal offence for a person connected with a child under the age of 16 to take or send that child out of the UK without the appropriate consent.

Most other countries have similar abduction laws but they do vary from country to country.

What is the Hague Convention?

The Hague Convention is an agreement that provides an expeditious method to return a child internationally abducted by a parent from one member country to another.

However, this is not an automatic return, and defences can apply, but they will be considered on a case by case basis by the court.

What Can I Do to Help Prevent My Child from Being Abducted to Another Country?

If you believe that abduction is about to happen or may happen in the future, it’s crucial that you do not ignore this.

International child abduction can happen to any child and any family. Most abductions are pre-planned so it’s important to really watch out for suspicious behaviour.

There are various steps you can take. Find out more below:

Speak to a Child Abduction Solicitor

You should take steps to involve the Family Court to obtain orders that are designed to prevent wrongful removals until a full decision can be made.

Speak to the Passport Office

If your child does not have a UK passport, the UK passport office (Her Majesty’s Passport Office, HMPO) might be able to stop someone else getting a UK passport for your child. Call 0300 222 000 or contact HMPO online.

Speak to the Police

Contact the police immediately. They can advise about immediate steps that can be taken if an abduction is in progress. They will ask you for lots of information, as a minimum make sure you have available your child’s and abductors details including passports and any court orders you may have to prevent abduction.

Speak to Reunite

Reunite can provide practical support. They are a charity that specialises in the movement of children across international borders. They are able to speak to you on a non-committal basis and operate an advice line at +441162556234.

What to Do If Your Child Has Already Been Victim to International Child Abduction

Abduction can be specific to the facts of the case and whether you have any legal orders in respect of your children.

The main difference will be whether you are involved with a Hauge or non-Hague country or whether you are the left-behind parent or an abductor.  Whatever the case, you should take legal advice. Speaking to the relevant authorities may not be harmful but be proactive to advance or secure your position.

Speak to the Police

The police may be able to help in locating your child by using agreements that they may have with other forces or international law enforcement agencies.

They can only enforce orders of the court or ask for international cooperation if a crime is alleged.

Speak to A Child Abduction Solicitor

A Lawyer is better placed to advise you about the necessary Orders that you may need to apply for to secure a return of your child depending on the country they were removed to and whether this is a Hague or non-Hague Country.

Seek Mediation Help

Mediation can be helpful if you believe that an agreement can be reached with the abductor.

Any Judge that may consider your abduction matter would expect mediation to be attempted and for a non-conflict resolution to be entered into.

How Can I Legally Move Abroad with My Child as A Single Parent?

If you do not have the consent of your partner (or the other parent of the child concerned) – the only way that you can legally move to a country abroad without an issue is with the permission of the court.

This will require an application to the court and the court will make the decision based on the best interests of your child. If you move without the permission of the court you may be involved in future legal difficulties depending on any action that the left-behind parent may take.

How Can Best Solicitors Help with International Child Abduction Cases?

At Best Solicitors, our expert family law team and fully experienced and qualified to handle all matters of international child abduction.

We’re members of the International Child Abduction Panel – and are appointed through the Central Authority to represent left-behind parents in child abduction cases.

We also take instructions from the respondents to proceedings and have acted for parents and guardians in international child abduction cases. We have been involved in a wide number of reported cases – all of which demand deep legal expertise and precision.

Our family law offices are based within Sheffield and Barnsley in South Yorkshire – however, we are also able to help clients nationwide. If you require any further information regarding international child abduction, please don’t hesitate to get in touch with us.