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As a parent, your child is the centre of your life, and the threat of abduction by the other parent or another family member can be incredibly frightening. But you don’t have to go through this alone.
At Farleys, our team of experienced family law solicitors specialises in handling cases related to child abduction. If you’re worried about the possibility of your child being taken out of the UK without your permission, our dedicated child abduction solicitors can help prevent it. And if your child has already been taken without your consent, our family law specialists can work towards resolving this distressing situation and reuniting you with your child.
Parental child abduction, specifically, occurs when a person connected to the child engages in the unauthorised removal or retention of them from the country they usually reside in and without consent from their parent/or figure of parental responsibility. It is a criminal offence to take a child under the age of 16 outside of the UK without permission from their legal guardian.
Under the Child Abduction Act 1984, a person connected with a child under the age of sixteen commits an offence if he takes or sends the child out of the United Kingdom for more than 28 days without the appropriate consent from the parent or guardian or without a legal court order.
More often than not, child abduction happens after a separation or a divorce, in which one parent will take the children out of the country without the knowledge or consent of the other parent.
To lawfully take a child abroad, you must first get consent is from either the:
When it comes to parental abduction, abduction by another family member or someone close to the family, there are usually three categories that the scenarios fall within, and they are as follows:
After a divorce or separation of said child’s parents, permission isn’t needed to relocate anywhere within the UK. However, things become more complicated when one of the parents wants to take the children out of their current jurisdiction, asking permission from each parent is needed (alternatively, an order can be granted by the court). If the correct permissions are not retained, then the other person/people possessing parental rights and responsibility can file a child abduction claim.
The best thing to do if you’re concerned about child abduction is to contact a legal expert who can advise you on what to do next. Our child abduction claims solicitors will help you navigate this stressful situation, taking the reins so you can focus on what matters. We understand just how difficult and overwhelming it can be to tackle these scenarios alone, and that’s why we’ll always go the extra mile to do everything in our power to ensure that your child is either safe from abduction (if you’re concerned one may be about to happen) or returned safely to you in the event that one has already occurred.
How our family law solicitors can prevent child abduction
How our family law solicitors can prevent child abduction
Where there is genuine concern that the other parent may try to abduct your child and take them out of the UK permanently, our solicitors can help you apply to the courts for the following:
A Prohibited Steps Order - an order that prevents your child from being taken out of the UK and may require the surrender of your child’s passport.
A Child Arrangements Order - an order that decides whom a child is to live with.
A Parental Responsibility Order - an order giving a father, stepparent, or second female parent legal parental rights and responsibilities for the child.
Our family law specialists can also help you alert the police to your situation. You will need to give a statement and provide all the evidence you have to demonstrate the danger of abduction so the police can circulate your child's picture and details to the relevant authorities, such as the Passport Agency, and notify all ports and border agents.
If you're concerned because the other parent has dual citizenship, our family law solicitors will help you draft a letter to the embassy or consulate of the relevant country where a passport for your child could be obtained, asking them not to issue one. However, it’s worth saying that while we can ask them not to issue the passport, they have no legal obligation to comply with the request.
We can also help you alert the police. You will have to give a statement and provide evidence of the danger of abduction so they can circulate a picture and details of your child to the relevant authorities such as the Passport Agency, as well as notifying all ports and border agents. If the other parent has dual citizenship your family law solicitor can also help you draft a letter to the embassy or consulate of any other country where a passport for your child might be obtained, asking them not to issue a passport. While they would have no legal obligation to comply with the request they may choose to do so.
How our child abduction claims solicitors can recover an abducted child from abroad
If your child has been taken to a country that is part of the Hague Convention or the European Convention, you can apply for your child to be returned to their place of residence. These conventions aim to ensure the return of children who have been wrongfully removed or retained. Generally speaking, these conventions recognise that the child’s best interests are served by remaining in the country where they have grown up.
If your child has been taken to a country that does not subscribe to any of these international agreements, we can help you get the advice you need on the relevant laws in the country where your child has been taken. Once we have all the information we need, we can also help you make an application under those laws for the return of your child.
Whatever your situation, for any child abduction claims you must get the best advice possible from an experienced family law/child abduction solicitor who specialises in child matters, like our experts here at Farleys.
If your child has been taken to a country that does not subscribe to any of these international agreements, we can assist you in obtaining advice on the laws in the country where your child has been taken and how to make an application under those laws. Whatever your situation, it is imperative that you get the best advice possible from a solicitor who specialises in children matters and child abduction.
Why choose Farleys?
At Farleys, we understand the urgency and emotional challenges tied to child abduction cases. We know that time is of the essence, and we are here to assist you as quickly as possible. With over 60 years of experience, our award-winning team of child law and family law solicitors is renowned for their expertise, commitment, and empathetic approach to handling child matters in the North West of England.
If you are dealing with a child abduction case, it's crucial to act promptly. Please don't hesitate to contact us via phone on 01254606008, use the online chat feature here on our website, or send us an email at info@farleys.com, and we'll be happy to see what we can do to help.
Contact a legal expert now to get advice on Children Matters and Child Abduction. Farleys Solicitors have lawyers waiting to help you, contact us by email or on 01254606008 now.
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