The Law on International Child Abduction

The Law on International Child Abduction

The law on international child abduction in the UK is governed by the Child Abduction and Custody Act 1985 and the Hague Convention on the Civil Aspects of International Child Abduction.

What is international child abduction?

International child abduction is the wrongful removal or retention of a child from one country to another. A child is considered to be wrongfully removed or retained if:

• One or both parents have parental responsibility for the child
• The child was habitually resident in one country immediately before the removal or retention
• The removal or retention was not in accordance with the consent of all persons with parental responsibility

What are the remedies for international child abduction?

If a child has been wrongfully removed or retained, the parent who has been left behind can apply to the court for a return order. The court will order the return of the child to the country of their habitual residence if:

• The child was wrongfully removed or retained
• The child is under the age of 16
• The application is made within one year of the wrongful removal or retention, unless there are exceptional circumstances

What are the defences to international child abduction?

There are a number of defences to international child abduction, including:

• The child has given their consent to the removal or retention
• The child is settled in their new country and returning them would put them at risk of physical or psychological harm
• The parent who has been left behind consented to the removal or retention, either expressly or impliedly
• The parent who has been left behind failed to take reasonable steps to exercise their parental responsibility in the year before the removal or retention

How to prevent international child abduction

There are a number of things that parents can do to prevent international child abduction, including:

• Agreeing on a parenting plan that sets out how the child will spend their time with each parent
• Keeping each other informed of their travel plans
• Obtaining the other parent’s consent before taking the child abroad
• Contacting the Foreign, Commonwealth and Development Office (FCDO) for advice if they are concerned about international child abduction

If you are a parent who is concerned about international child abduction, you should seek legal advice. Our team of British family lawyers specialise in both national and international child abduction cases.  We have served a variety of international clients from Pakistan, Iran, Afghanistan, USA, Norway, Australia, the Philippines and may more. Get in touch with us today by emailing us at fld@oliverfisher.co.uk

Article by Oliver Conway, Solicitor. 

To get in touch with the writer please email: fld@oliverfisher.co.uk.