Children rarely remain unaffected from divorce or separation and the consideration of the child’s residence can often be a distressing time for both the child and parents. The issues surrounding family breakdown are complex and without advice in the early stages, the situation could potentially become desperate, resulting in unlawful abduction. With expert knowledge on this sensitive issue, our specialist solicitors are experienced in dealing with these matters with urgency, and applying for orders to ensure your child is returned safely. We can also offer advice and suggest preventative measures via the Courts to ensure abduction does not occur.

Please contact our child law specialists immediately if you have any concerns regarding abduction.

YOUR QUESTIONS ANSWERED:

Q: How exactly is abduction defined?
A: In the family law arena, abduction is defined by the removal of a child from their country of habitual residence without the permission of everyone with parental responsibility.

Q: My ex-partner wants to take my child away abroad on holiday but I am not agreeable. What are my rights regarding this?
A: If an ex-partner also has parental responsibility for your child, they are within their rights to take your child out the country for up to four weeks of the year.

Q: My ex-partner has contacts abroad. He has rights to contact through the courts but I am scared he is going to take my child abroad for good. What can I do?
A: If you have any concerns that your child might be abducted you must contact us immediately for swift action to take place. We can help obtain preventative orders from the Courts, in the form of a Prohibited Steps Order or by making the child a Ward of Court in the High Court. We will put you in touch with specialist advisors who will advise you on the best protection and how to quickly obtain it to keep your children in the country.

Q: I want to live abroad with my child and new partner but my child’s mother/father is objecting. Can they legally prevent the move from taking place?
A: If the other parent also has parental responsibility of your child they legally have to give permission for you to take your child abroad to live .If consent is not given then you will need to apply to the court for permission.

Q: I have heard the term ‘Hague Convention’. What is this referring to?
A: The Hague Convention refers to the specific handling of each abduction case in the country of the child’s habitual residence, relying on the authorities in that country to determine whether or not the child had been wrongly removed. If a country is a member of the Hague Convention there is a clear procedure to return the child home. At Child Law Partnership, we can advise you of these procedures and obtain orders to assist your child being returned. If the country is not a member of the Hague Convention, there are different procedures that we can offer advice and assistance to recover your child.