What is child abduction?

Child abduction refers to a circumstance in which a child is moved across an international border without the permission of their parent or guardian (whoever holds parental responsibility for the child). It can refer to instances of wrongful removal, or wrongful retention.

• Wrongful removal means a child has been taken out of the country without permission
• Wrongful retention means a child was taken out of the country with permission, but is being kept out of the country in breach of the previous agreement

Unfortunately, child abduction cases are on the rise, largely due to cheaper travel and the ease of international movement. Naturally, such cases can create very difficult and traumatic situations for both the parents and the child.

Whatever the reason for the abduction, any court involved in the case will always put the needs and wellbeing of the child or children first.

Can a parent abduct their child?

Yes. Parents do not always have the right to remove their child from the country in which they habitually reside simply because they are their parent.

The right to relocate your child – or even take them abroad temporarily - will depend upon who has parental responsibility. Where both parents, or more than one legal guardian, has parental responsibility, you will need the explicit consent of all other parties.

Child abduction in the UK is a criminal offence under the Child Abduction Act 1984. If you are found guilty, you can face strict penalties, including fines and imprisonment.

That's why, whether you wish to relocate to another country with your children, or prevent them from being taken elsewhere, your first step should always be to seek legal advice from our international child abduction solicitors.

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What permission do I need to take my child abroad?

If you are planning to take your child abroad, it is critical that you ensure you have the right permission before doing so, or else you could be guilty of child abduction.

The permission you will need depends upon the law in the country where you reside, as well as who has parental rights for your child, what agreements you have in place with the child’s other parent, and if there are any court orders in place.

Even if you believe you have the right to take your child across international borders, it is always best to check. Ensure you have written consent from anyone who has parental responsibility for your child and take copies of any court order with you when you travel.

How do I stop my child from being taken out of the country?

While our child abduction lawyers often recommend that a court order be sought only when routes such as mediation have failed, the prevention of child abduction is one area in which pre-emptive action may be called for.

It is possible to get an urgent Prohibited Steps Order to prevent your child from being taken out of the country. These can be granted on short notice and, in certain circumstances, without informing the child’s other parent until after the order is in place.

In high-risk cases where the threat of child abduction is immediate, it can also be possible to get a Port Alert to block any attempt at leaving the country.

What can I do if my child has been abducted?

If your child has been abducted, there are laws – both in the UK and internationally – that can help return your child as quickly as possible. In many cases, it is possible for us to fast-track the process of getting an order from the court to return your child, often regardless of whether this is within the UK courts or in a foreign court.

The first step is to speak to our specialist child abduction solicitors as soon as possible. We’ll listen to your case with compassion and understanding, and can provide immediate legal expertise, explaining your options, the procedures that apply to your case, and how we can start the process of returning your child home.

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What can I do if I have been accused of child abduction?

It is crucial to engage with the courts from the start if you’ve been accused of child abduction. Court proceedings will take place very quickly, so you need be prepared to engage and prepare your defence as soon as possible.

If you do not engage, or the courts are unable to locate you, they can make orders against your family members or certain professional institutions (such as banks, schools, and mobile phone companies) to disclose any information about your location.

There are a limited number of defences for child abduction, so it is critical that you reach out to a specialist child abduction solicitor immediately. Our solicitors can help you negotiate the terms of return and attempt to secure an agreement with your child’s other parent that they won’t seek criminal prosecution.

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Why choose Slater and Gordon’s child abduction solicitors?

The law governing child abduction is incredibly complex and the exact circumstances of your case, such as the country to which your child has been taken, can have a significant impact on how the situation should be handled. It is critical, therefore, that you speak to a specialist child abduction solicitor with experience in handling international law.

Whether you are worried your child could be abducted, need to get your child back, or have been accused of child abduction, we are here to support you and provide tailored legal advice and expertise.

Led by our head of family practice, Georgina Chase, our family law team has received recognition and numerous accolades from the legal industry. Georgina herself is ranked in the independent legal directory Chambers and Partners, and many of our team are recognised in the Legal 500.

We are proud members of Resolution, an organisation of family justice professionals committed to promoting a constructive approach to family issues and have office nationwide so we’re able to bring our expertise to your doorstep.