Child Residence Abduction

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More and more relationships entered into are multi-racial which has led to an increase in legal disputes regarding child abduction.

Special Judges are intervening in more cases involving children being taken abroad in Residence disputes.  In fact, according to the Judicial Office that specialises in international family cases, show that cases have doubled in the past two years. 

Such cases mean that there has to be liaisons between different jurisdictions and co-operation from both countries.  Quite often, parents simply wish to return back to their home and family and believe that such a move would be in the children’s best interests.  However, this does not take into account that the child is then cut off from the other parent and their family.  Emotions and tension can run very high.  Court proceedings are very stressful.  

There are protocols and agreements between numerous countries which include the countries within the European Convention and Pakistan.  There is a mutual understanding and agreement between the countries to work together in such cases.

Most important focus in such cases has to be the child and the Court gives precedence to such cases and urgent action can be taken by Family solicitors. 

There have been numerous cuts to Legal Aid since 1st April 2013 however, for those that fall within the appropriate means assessment, Legal Aid is still available for cases where a child has been unlawfully removed within the UK or out of the UK.  Such Legal Aid is also available when there is a significant and reasonable threat that such an abduction may take place. 

In such cases, it is most important that legal advice is taken immediately.

Rubina Vohra

About Rubina Vohra

Rubina Vohra is a solicitor within the Family department at Forbes Solicitors. Rubina’s blogs cover her specialisms of all aspects of marriage breakups and separation with a heavier slant towards divorce, children and finances. Rubina also writes about changes in the law and report on topical/current high profile cases.
This entry was posted in Family Law.

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