When you both share parental responsibility for a child and you do not obtain the permission from the other parent but you remove the child or send the child out of the jurisdiction, this is child abduction.
What is Child Abduction?
Child abduction is whereby a person connected with a child under the age of 16 take or send a child out of the UK without the appropriate consent of the other parent.
If the person has taken the child out of the UK has a child arrangements order, this person has the right to do this without the other parent’s consent for up to 28 days.
It is a criminal offence under the Child Abduction Act 1984 for a person to send or take a child under the age of 16 out of the UK without the appropriate consent of those with parental responsibility for the child.
There are 3 categories of child abduction:-
- Abduction – this is whereby a child is removed or sent out of the jurisdiction without the appropriate consent
- Wrongful retention – this is whereby the other parent does not return the child to the country of habitual residence
- Threat of abduction – when there is a risk that a child will be taken or sent out of the jurisdiction without the appropriate consent.
How can I take my child abroad if I cannot obtain the appropriate consent?
If the other parent or persons with Parental Responsibility declines consent you may make an appropriate application to the Court. The Court will consider each case on it’s own individual circumstances.
What do I do if my child has been taken to another country by the other parent without my consent?
In the first instance, you should contact the police and they will be able to contact the national border center who will advise a ‘port-alert’ to be actioned to prevent the child being taken out of the country. This alert is up to 28 days which gives you sufficient time to seek legal advice.
Is my child in a Hague Convention country?
If a child has been abducted and taken to a country what is known as part of the Hague Convention, then you should seek legal advice where a solicitor can make an application for the return of your child.
What is the Hague Convention?
The Hague Convention is the main international agreement to secure the prompt return of a child that is wrongfully removed or retained. The convention purpose is to have procedures in place to ensure a child’s return to their habitual residence.
What actions can I take if my child has been abducted?
If you are worried that your child may be subject to child abduction, you should seek legal advice who will advise you on what the best course of action to take depending on the circumstances of the case.
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