International child abduction is where one parent takes, or keeps a child outside their country of habitual residence without the consent of the other parent who shares parental responsibility, or without the permission of the Court. In family law proceedings, international child abduction matters are dealt with extremely seriously as a safeguarding and legal issue, as they can cause harm to children by uprooting them from their homes and lives. They also infringe on court orders and the ability of judges to make welfare decisions relating to children.
In dealing with international child abduction cases, much will depend on whether or not the country to which the child has been taken is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction 1980.
Where the Convention applies, there is a legal framework compelling countries to work together to return the child promptly to their country of habitual residence. If the country is not a signatory, the process becomes significantly more complex and may rely on local law, diplomatic channels or specialist international remedies.
In Convention cases, there is a relatively quick legal procedure which obliges each Contracting State to return children to their habitual residence for the courts to make a decision about ongoing arrangements. For Non-Convention countries, things can become more complicated, and may rely on local law and procedures, diplomatic channels and specialist remedies.
What is international child abduction in family law?
International child abduction happens when one parent removes a child from the UK, or keeps them abroad, without the other parent’s consent or a court order. It is treated as a serious offence that can lead to urgent court action.
Is taking my child abroad without permission illegal?
Yes. If the other parent has parental responsibility or if a court order is in place, taking a child abroad without consent is treated as child abduction. Even if there is no court order, removing the child without the agreement of all holders of parental responsibility can still be unlawful.
What should I do if my child has been taken abroad without my consent?
You should contact the International Child Abduction and Contact Unit (ICACU) immediately. Urgent court applications can be made, and if the country is part of the Hague Convention, steps can be taken to secure the child’s prompt return.
How does the Hague Convention help with child abduction cases?
Under the Hague Convention on the Civil Aspects of International Child Abduction, countries that have signed up to it must return children to the country of habitual residence who’ve been abducted to another country so that the issue of custody or contact can be decided by courts in that country. The Convention process is designed to work quickly to minimise harm to the child and is focused on restoring the child to their usual legal environment.
Will my child be returned to me if they’re taken overseas to a country that hasn’t signed up to the Hague Convention?
Unfortunately not. Recovery of children from non-Convention countries can be difficult and lengthy. We can’t use the swift return mechanism under the Convention. Instead, specialist legal action may be required within the foreign country, often alongside diplomatic support or local child-protection procedures.
What is ‘wrongful retention’?
When a parent takes a child abroad on holiday, agreeing to return them at the end of the holiday, but then decides not to return with the child at the agreed time, this is known as wrongful retention and is dealt with in the same way as wrongful removal under the Hague Convention.
Do children have a say in international child abduction cases?
As with UK custody cases, children’s wishes will be taken into account in limited circumstances. The Convention is designed to provide a swift return so as not to disrupt the child’s life. Objections to return by a child of suitable age and maturity will be closely scrutinised before being dismissed or upheld.
How quickly are international child abduction cases resolved?
Ideally, six weeks. Courts of signatory countries have a legal obligation to work expeditiously in Hague Convention cases, so proceedings can often be completed within that timeframe. However, it’s sadly not unusual for them to take six months. Cases involving non-Convention countries take significantly longer as we have to rely on foreign laws.
Can I prevent my child from being taken abroad?
Yes. If you are concerned that your ex may attempt to remove your child from the UK, you can apply for a Prohibited Steps Order from the Court, preventing them from doing so. If it is an emergency, the Court can act quickly, and passports can be surrendered to it or handed in by those who have possession of them.