International child abduction
What is Abduction?
In family law, where a child is removed or retained by a parent, a guardian or other family member outside of England and Wales without the permission of the other parent, or legally appointed person, this would amount to abduction and a criminal offence under the Child Abduction Act 1984.
Why might this apply to me?
In the absence of a Residence Order neither parent is able to take a child outside of England or Wales under any circumstances without the permission of the other parent or an Order of the Court.
How do I stop the removal of the child from the jurisdiction?
You should seek legal advice immediately. We can then apply for a Residence Order or a Prohibited Steps Order on your behalf.
Other steps we can take might include:
- applying for an order for delivery up of the child’s passport,
- an order preventing the issue of a passport,
- a bond for return of the child following contact,
- a interim residence order,
- an order for the location of the child to be disclosed
- order for delivery up of the child
- We also work closely with the police and local authorities and can action a port alert to stop the child from leaving the Country.
We also deal with cases where you may wish to apply to:
- Permanently remove a child or children from the jurisdiction
The welfare of the child is paramount in all such cases. Each case has to be considered on its own facts and it is of utmost importance to the success of any application to ensure that you make proper proposals for contact with the absent parent who remains within the jurisdiction.
- Seek the return of the child following wrongful retention or removal to another Country.
The legislation that applies depends on whether the other State is part of the European Union and / or a signatory to the Hague Convention. If not the inherent jurisdiction may be invoked.
Removal from the jurisdiction cases, by their very nature require a proactive and quick response from legal representatives to the emergency situation that often entails.
For further information on any family law issue, please contact Kathryn Hulmes by emailing Kathryn or by calling her on 08450 990045, or speak to your usual contact in the Family Team.
The reunite website may also assist: www.reunite.org or contact them by email: reunite@dircon.co.uk