Child abduction is a serious, but common criminal offence, with approximately 1,148 reported child abduction cases recorded in England and Wales in 2023/2024. Many parents find themselves in this situation where the child is abducted by their other parent or a family member. It is important to note that a child cannot be removed from the country without the consent of the other parent. This will be classed as abduction.

If you have found yourself in a dispute regarding the relocation or abduction of your child, Expert Family Law have a network of specialist child abduction solicitors who can assist on your case.

Whether you wish to stop your child from being removed from the country, relocated within the country, or if you are the parent wishing to relocate, our network of solicitors can assist. They can also assist in Hague Convention cases where a child has been abducted internationally to ensure their safe return. These are often complex legal matters which usually require High Court proceedings.

Expert Family Law are not a firm of solicitors. We are part of Legal Resolution Group C.I.C and have a network of experienced family law solicitors who can assist on your case.

What is child abduction?

Child abduction is the unlawful removal of a child aged 16 or under from the UK without first obtaining the consent from the other parent, person with parental responsibility or the court. It is important to note that, if parents have a Child Arrangements Order stating that they are the resident parent, they can legally take the child out of the country for up to 28 days.

Child abduction matters often arise following the divorce or separation of parents. One parent may wish to re-locate with their child or children to a new location. In these circumstances, the relocating parent must obtain consent from the other parent. If consent is not obtained and the parent removes the child from the country, this will be classed as child abduction under the law.

Under the Child Abduction Act 1984, it is a criminal offence for one parent to remove or keep a child under the age of 16 without the consent of the other parent, where that parent has rights of custody, unless the court has granted permission. Such actions can be prosecuted as a criminal offence and may also amount to contempt of court.

The Hague Convention on the Civil Aspects of International Child Abduction 1980 (as amended in 1996) enables a parent to seek the swift return of a child to their country of habitual residence.

The Convention applies to children under the age of 16 who are habitually resident in one country (referred to as a “Contracting State”) and are wrongfully taken to or retained in another Contracting State, in violation of the laws of their country of habitual residence. It sets out a process to facilitate the child’s return to that original country.

Types of child abduction

Child abduction can be categorised into three main types:

1. International parental child abduction – This situation arises when one parent removes a child from the UK and takes them abroad without the consent of the other parent or anyone else with parental responsibility.
2. Wrongful retention – This refers to situations where a child is not returned following an agreed trip or holiday abroad, and is kept overseas without the necessary consent.
3. Threat of abduction – This involves circumstances where there is a genuine risk that a child may be taken abroad without the permission of the other parent or legal guardian.

What to do if you suspect your co-parent has taken your child abroad without your permission

If you suspect a co-parent or other family member has removed your child from the country without your permission, the first thing you should do is contact the police. You can then apply to the International Child Abduction and Contact Unit in the country where the child is being held under the Hague Convention. This may assist in securing the safe return of your child from one of the 64 countries that are signatories to the Convention.

Ensuring the safe return of your child can be a complex process. We would recommend using an experienced firm of child abduction solicitors to ensure this is carried out correctly.

What to do if your co-parent wants to take your child abroad but you object

If your co-parent has asked for your permission to take your child or children abroad, but you wish to object, you can apply to the courts for a Prohibited Steps Order. This type of court order can help to prevent the removal of the child or children and doing so would be considered contempt of court.

What to do if you wish to move abroad but your co-parent disagrees

A consent order may be obtained from the court if you wish to move abroad with your children but the other parent is withholding permission. In these circumstances, the court will always prioritise the welfare of the child as well as other factors, such as plans for contact and financial situations of both parents. The court may also apply obligations on both parents to ensure the best interests of the child during the relocation.

Is it abduction if a parent relocates to another part of the UK without permission?

No, if no court order is in place, a parent can move to another part of the UK with their children without obtaining permission from the other parent. However, it is recommended that consent is obtained from the other parent.

If a child arrangements order exists, especially one which specifies who the child lives with or contact arrangements, moving the child without the court’s permission or the other parent’s agreement could breach that order. While not technically “abduction,” the court could take enforcement action.

To prevent a move to another part of the UK, the other parent could apply for a Prohibited Steps Order.

Why choose Expert Family Law’s network of child abduction solicitors?

Expert Family Law is not a firm of solicitors. We are a legal support platform that connects individuals with trusted, experienced family law solicitors across England and Wales. We have built a network of professionals with proven track records in complex family law matters, including international child abduction.

The internal and international child abduction solicitors in our network can assist parents in ensuring the safe return of their children and preventing abductions or relocations of children without consent.