Child abduction legal guide

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Child abduction is a serious criminal offence and can include taking a child abroad without the other parent’s consent or not returning a child from abroad after an agreed holiday.

If you believe that your ex is planning to abduct your child or has abducted your child, it's vital that you act quickly. Alongside taking urgent legal advice from a specialist, you should:

  • try to contact your ex and/or your child to find out where they are.
  • check where your child’s passport is.
  • phone the police or go to your local police station to report your child as having been abducted or at risk of being abducted. The police may issue a Port Alert or try to find your ex.

Child abduction is a very traumatic experience. However, there are legal procedures in place to ensure that the children are returned to the country they normally live in and for disputes between parents to be resolved properly.  

How we can help?

Child abduction is a very traumatic experience. However, there are legal procedures in place to ensure that the children are returned to the country they normally live in and for disputes between parents to be resolved properly.  

We understand the need to make child-centred decisions and are committed to reducing conflict wherever we can. However, we also understand the need to act quickly and assertively in cases where a child has been abducted.

Some of our recent work includes: 

  • advising a father whose young daughter was kept overseas following an agreed holiday. Although court proceedings are underway, we are supporting the father as the parents try to resolve their dispute through mediation with the aim of the child returning to England in time to start school
  • representing a mother in highly conflicted proceedings in the High Court where she was accused of abducting the couple's child to England 

Ready to talk to us?

Our team of specialist family lawyers are here to support you if you're facing issues related to child abduction. Speak to our team today. 

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Resources

Explaining family law podcast

Facing a family law issue and not sure what's involved? Our podcast is the right place to start.

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Our family and children law blog provides practical advice and insight on a wide range of topics by our family and children lawyers.

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On our YouTube channel, Caitlin Jenkins, the Family Law Vlogger gives you guidance on your first step in sorting out your issues.

Child abduction FAQs

Child abduction is when one parent moves their child from their usual home to another country without the agreement of the other parent or anyone who has parental responsibility (or without a court order allowing it).

Data collected by the Hague Convention shows that child abduction both nationally in the UK and globally has been increasing year on year. This is because there are more international families – more cross-country marriages, more (and cheaper) travel and more opportunities to live and work in other countries. In 2019, the Foreign and Commonwealth Office helped in 260 child abduction cases.

The two priorities are to contact the police and tell them what has happened and then speak to a specialist child abduction lawyer who can advise you on your options.

If there’s an imminent threat of your child being abducted by their other parent, you should call 999. The police can issue a ‘port alert’ which will stop them being taken out of the UK.

If your child doesn’t have a passport, you can attempt to contact the passport office to stop them from issuing one.

Once any immediate steps have been taken, it’s important to get legal advice straight away. You may be eligible for legal aid to help with paying for the legal advice.

If you require information and support, the charity Reunite International offers a confidential advice line on which you can express your concerns.

Contact our team today

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