Summer is here, which means one thing – holidays. It is important for separated families to make sure holiday plans are always firmly agreed to avoid any problems. This is particularly relevant due to statistics which report increases in children being abducted.
In the event that separated families cannot reach an agreement there is now a requirement to attend mediation in an attempt to resolve matters before issuing an application to the court. Dependant on the time available the court will list a hearing, sometimes at short notice to hear everyone’s views.
The current position is that in the event a child is taken out of the jurisdiction of England and Wales without the permission of anyone with parental responsibility, this could be considered as child abduction. Any party who has parental responsibility either as a result of being a married parent or having a child arrangements order with the child living with them should be notified of the intended holiday
If it is proposed that the child is to be taken to a country which is not a signatory to the Hague Convention 1980*, the court will apply the utmost vigilance and assess the risk of the order being breached and potential consequences of such a breach. The court has a duty to incorporate all available protective mechanisms within a formal order to ensure that there is no risk that the child will not be returned at the end of the holiday.
So when packing the suitcases, checking tickets and passports also check that you also have permission to avoid concerns of abduction.
If you need any advice or assistance in relation to this article please contact our Family Solicitors by telephone on 0800 037 4628 or send an enquiry using the contact form.
*Below are a full list of the 76 member states of the Hague Convention 1980 which has developed and serviced conventions which includes laws on the international protection of children and child abduction.
Albania
Argentina
Australia
Austria
Belarus
Belgium
Bosnia and Herzegovina
Brazil
Bulgaria
Burkina Faso
Canada
Chile
China, People’s Republic of
Costa Rica
Croatia
Cyprus
Czech Republic
Denmark
Ecuador
Egypt
Estonia
European Union
Finland
France
Georgia
Germany
Greece
Hungary
Iceland
India
Ireland
Israel
Italy
Japan
Jordan
Korea, Republic of
Latvia
Lithuania
Luxembourg
Malaysia
Malta
Mauritius
Mexico
Monaco
Montenegro
Morocco
Netherlands
New Zealand
Norway
Panama
Paraguay
Peru
Philippines
Poland
Portugal
Romania
Russian Federation
Serbia
Singapore
Slovakia
Slovenia
South Africa
Spain
Sri Lanka
Suriname
Sweden
Switzerland
The former Yugoslav Republic of Macedonia
Turkey
Ukraine
United Kingdom of Great Britain and Northern Ireland
United States of America
Uruguay
Venezuela
Viet Nam
Zambia
