Child abduction is when a parent or someone in connection of a child under the age of 16 years old out of the UK without the consent of everyone with parental responsibility or permission from the court.
Under ‘The Child Abduction Act 1984’, It is a criminal offence for a parent, or any other person connected to a child to take them out of the UK without the proper permission and consent of either all those with Parental Responsibility or permission (leave) from the Court.
There are 4 main types of abduction –
- Abduction – When a child under the age of 16 is taken out of the UK without the consent of everybody with parental responsibility or permission from the court. This is a criminal offence in the UK.
- Wrongful retention – When a child under the age of 16 has been taken and kept abroad without consent after an overseas trip.
- Wrongful removal – When a child under the age of 16 is taken out of their country of residence without the consent of both parents or a court order.
- Threat of abduction – When there is a risk or a threat that a child under the age of 16 will be taken out the of the UK without consent.
What to do if your child has been abducted
If your child has been taken out of the UK and you did not give your consent (and you have parental responsibility), or the other parent does not have permission from the court; your child has been abducted and this is a criminal offence.
The first thing you need to do is contact the police, you need to do this as soon as possible and explain that your child has been unlawfully removed from the UK as you did not give your consent and there is no court order in place permitting the other parent to take the child out of the UK. If the police still believe that the child is in the UK, they can issue something called a ‘Port Alert’ which will alert all immigration offices and all other police forces of the child’s details. This remains in place for 28 days. If your child is still in the UK but either you believe, or you know your child is going to be abducted, you should collect any evidence (such as, emails, texts any travel documents) that suggest your child’s other parent (or someone in connection with the child) is going to take the child out the UK without your consent or the appropriate court order.
The next step would be to contact the International Child Abduction and Contact Unit. If your country and the country the child has been taken to is part of the Hague Convention, it should be easier to locate your child and have them returned to the UK.
The Hauge Convention is a treaty between certain countries to protect children from the damaging effects of international parent abduction by either encouraging the immediate return of a child to their home country or to organise the rights to access the child to return them to the UK.
If your child has been taken outside of the Hauge Convention, you should seek legal advice immediately. You will also want to speak to a qualified solicitor qualified in the country your child has been taken to discuss if and how you can apply to the local courts for your child to be returned to the UK.
You may be able to claim legal aid to
- secure the return of a child who has been unlawfully removed within the United Kingdom
- Stop a child being unlawfully removed from the UK
- secure the return of a child who has been unlawfully removed from the UK.
You can also contact reunite which is a charity which specialises in child abduction to foreign countries. Reunite works with government departments such as the ministry of justice and the foreign, commonwealth and development office in the UK.
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