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Child Abduction Solicitors

If you suspect your child is at risk of abduction, or they have already been abducted, our solicitors can help.

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If you are facing a child abduction dispute, Forbes Solicitors's child abduction solicitors can provide expert guidance and representation. Our specialist child abduction lawyers have the knowledge and experience to assist you through this emotional and stressful time.

What is Child Abduction?

Child abduction refers to the taking of a child away from their home or carer without the consent of those responsible for the child's welfare. This can be either within the UK or to another country. Child abduction is a criminal offence and can have serious consequences for the person responsible, as well as having a major impact on the child and their family.

Deciding where your child should live after a divorce, separation or relationship breakdown can be a difficult process, but parents should never take a child to another country without the consent of the other parent. To do this is abduction and a criminal offence.

What is child abduction?

Child abduction has taken place if:

  • Your child is under 16
  • They have been taken from the country where they usually reside or have been wrongfully held in a different country (e.g. they have gone on a holiday with their other parent that you consented to, but have since been kept there)
  • You were involved in your child's life at the time they were taken.

If this is the case, then you will be able to begin proceedings to secure your child's safe return.

The Hague Convention

The Hague Convention is in place to assist the safe return of an abducted child, and the UK is one of many countries to have signed the agreement. If your child has been taken to one of these countries, it will help secure the return of your child as quickly as possible.

If your child has been taken to a country where there is no international agreement, an order can be obtained from the English court which can be used to instruct child abduction solicitors in the country where your child is.

What to do if your child has been abducted

If your child has been abducted, you should immediately contact the police and report the abduction. The police will investigate and take appropriate action to locate and recover your child. You should also seek legal advice and support from organisations such as the National Society for the Prevention of Cruelty to Children (NSPCC) and Missing People. Child abduction is a criminal offence and can result in imprisonment.

If your child has not yet left the country, the police can notify all UK ports to hopefully prevent the abduction. If your child has already been removed from the country, the police can work with Interpol to assist in finding them.

If your child has been abducted it is naturally going to be a distressing time for you with a lot of anxiety and worry. It is vital that you immediately seek legal advice to work with the police in tracking down your child and ensuring their safe return. Forbes Solicitors have a vast degree of experience in pursuing child abduction cases and their team of specialist Children's Law lawyers are experts in ensuring the safe return of abducted children. We can also advise you on how to fund your case.

If you suspect your child has been abducted or is about to be taken out of the country without your consent, contact us immediately on 0800 689 1058 so that we can advise you on the best course of action.

You can also contact Reunite, a registered charity who specialise in helping parents and families whose child has been abducted.

Preventing child abduction

As mentioned above, if the risk of abduction is immediate, the police can issue a port alert to all UK ports and airports. If this is done quickly with appropriate information, it can be very successful, but this is dependent on you and how much information you can provide.

In less immediate cases, there are other steps that can be taken either by you or by your solicitor. These include:

  • Prohibited Steps Order - a court order that prevents the other parent removing your child from the UK without your consent.
  • Contact restrictions - more rigorous restrictions are placed on the time that is spent with the other parent when they see your child e.g. supervised visits only.
  • Security - suitable in cases where a child has to travel with the other parent, but there is reason for concern that they will be not be returned to the UK. This involves a bond or charge which gives a financial incentive for the other parent to stick to the terms of your agreement.
  • Surrender of passport(s) - if your child has their own passport, or is mentioned on the other parent's passport, a court order can be obtained that requests the surrender of that particular passport.
  • Notify the embassy or passport office - this step prevents further/new passports for your child being issued. This can be requested via the Identity and Passport Service or a court order can be obtained.

If you suspect your child is at risk of abduction, or they have already been abducted, contact the specialist team at Forbes Solicitors as a matter of urgency for appropriate legal advice in order to keep your child safe and with you.

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FAQs

What are the legal consequences of child abduction?
 
 

Child abduction is a criminal offence and can result in imprisonment for up to 7 years. The child may also be placed in the care of social services and the abductor may lose access rights. The Hague Convention on the Civil Aspects of International Child Abduction may also apply in cases involving international abduction.

Can I prevent my child from being abducted?
 
 

There is no guaranteed way to prevent child abduction, but there are steps you can take to reduce the risk, including a potential application for a specific issue order. Steps to take include teaching your child about stranger danger, supervising them closely, ensuring they know their full name, address and phone number, and having a plan in place in case of an emergency. It is also important to report any suspicious activity to the police. Under UK law, child abduction is a criminal offence and can result in severe penalties.

What is the Hague Convention on child abduction?
 
 

The Hague Convention on child abduction is an international treaty that aims to protect children from the harmful effects of abduction and retention across international borders. It provides a framework for the prompt return of children to their country of habitual residence and ensures that custody and access rights are respected. The UK is a signatory to the Convention and has implemented it through the Child Abduction and Custody Act 1985.

How long does it take to resolve a child abduction case?
 
 

The length of time it takes to resolve a child abduction case can vary depending on the circumstances of the case. In some cases, it may be resolved quickly through negotiation or mediation, while in others it may take several months or even years to resolve through court proceedings. The priority is always to ensure the safety and well-being of the child involved.

What factors are considered in determining custody in a child abduction case?
 
 

The welfare of the child is the paramount consideration in determining custody in a child abduction case. The court will consider various factors such as the child's age, wishes and feelings, physical, emotional and educational needs, and the ability of each parent to meet those needs. The court will also consider any risk of harm to the child and the child's relationship with each parent and other family members.

Can I get my child back if they have been taken to another country?
 
 

It depends on the circumstances and the laws of the country where the child has been taken. If the child has been taken without the other parent's consent, the Hague Convention on the Civil Aspects of International Child Abduction may apply. This convention provides a legal framework for the return of children who have been wrongfully removed or retained across international borders. It is important to seek legal advice as soon as possible.

What are my rights as a parent in a child abduction case?
 
 

As a parent in a child abduction case, you have the right to seek legal assistance and take legal action to recover your child. You can also seek help from the police and the courts to locate and return your child. The Hague Convention on the Civil Aspects of International Child Abduction provides a framework for the return of abducted children to their country of habitual residence. It is important to act quickly and seek legal advice to protect your rights and your child's welfare.

How can a family law solicitor help me in a child abduction case?
 
 

A family law solicitor can help you in a child abduction case by providing legal advice and representation. They can assist in filing a Hague Convention application, which is an international treaty that helps parents recover their abducted children. They can also help in obtaining court orders for the return of the child and in negotiating with the other parent or their legal representative. Additionally, they can provide guidance on child arrangements and visitation arrangements after the child is returned.

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Our dedicated Family/Divorce team

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Partner and Joint Head of Family

Family/Divorce

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Family/Divorce

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Gill Carr

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PinBlackburn

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Call0800 689 1058

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Contacting Us

Monday to Friday: 09:00 to 17:00
Saturday and Sunday: Closed