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Parental Child Abduction occurs when one parent takes their child abroad or relocates to a new area without the permission or acknowledgement of the other parent.
This commonly occurs following a divorce or separation where the parent has not been given custody of the child and so they attempt to abduct the child and flee the area or country.
The Child Abduction Act 1984 created a criminal offence of child abduction. It is a criminal offence to take or send a child out of the UK without the consent of all people with parental responsibility or permission of the court.
If a child has been abducted but remains in this country, you need to apply for a court order to ensure that the child is located and returned home.
If a child has already been taken out of the country, the remedy depends on the country where the child is currently staying. If the country is a member of the Hague Convention, there is a clear procedure about how to apply for the child to be returned home.
The following steps should be taken immediately on learning of a child abduction or on suspecting child abduction:
A parent with a Child Arrangements Order confirming that a child lives with them is allowed to take the child out of the country for up to 28 days without the consent of the other parent. This is not advised as it is reasonable to notify the other parent of their plans.
If one parent wishes to relocate with a child within the UK or abroad and the parents cannot agree, a court application will be needed.
The court will have regard to various factors, such as:
The court would need to consider whether the child would be better off moving and being cared for by a parent who is happier and has more of a support network when they move.
A parent who wishes to relocate with their child must formulate detailed and comprehensive proposals if the application is to stand any chance of being considered favourably by the court.
Myerson family law solicitors have expertise in various areas of family law relating to children. We can help you resolve any disputes between parents or take the necessary steps to receive further direction from the courts.
If you need urgent legal advice relating to family law or children, please get in touch. You can call us in confidence on 0161 941 4000, or contact us online.
Home-grown or recruited from national, regional or City firms. Our specialists are experts in their fields and respected by their peers.