Child Abduction By A Person With Parental Responsibility
(Parental Abduction)
WHAT IS CHILD ABDUCTION?
Child abduction is the term used to describe the unauthorised removal from, detention or non-return of a child to their parent(s) or guardian(s) by force, threats, blackmail, deception or through violent means.
The only way a child can be removed from their parents is with their consent or with a court order.
Child abduction is also referred to as child theft.
WHAT IS PARENTAL RESPONSIBILITY?
Parental responsibility is a term used to describe the responsibilities, authority, duties, powers and legal rights a parent should fulfil for a child.
LINK TO OUR L.I.P HELP GUIDE FOR WHAT IS LEGAL PARENTAL RESPONSIBILITY?
WHAT DOES THE LAW SAY ABOUT CHILD ABDUCTION BY AN INDIVIDUAL WITH PARENTAL RESPONSIBILITY?
It is not a crime for a person with parental responsibility for a child to take them anywhere in the UK without the consent of the other individual with parental responsibility.
Under the child abduction act 1984 it is a crime for a person with parental responsibility for a child to take them outside of the UK without the consent of any other individual(s) with parental responsibility. There are exceptions to this:
1. If the person with parental responsibility has a child arrangement ‘live with’ court order (they are the resident parent). If this is the case they can take the child out of the UK for 28 days without the consent of any other person with parental responsibility.
2. There is a court order saying that the child can leave the UK with this person.
Please note that a person who has special guardianship for a child can take the child out of the UK for up to 90 days (3 months) without the consent of any other person with parental responsibility.
LINK TO OUR L.I.P HELP GUIDE FOR SPECIAL GUARDIANSHIP
LINK TO GOVERNMENT WEBSITE FOR CHILD ABDUCTION ACT 1984
HOW CAN A PERSON WITH PARENTAL RESPONSIBILITY PREVENT THEIR CHILD FROM BEING ABDUCTED BY THE OTHER PERSON WITH PARENTAL RESPONSIBILITY?
A person with parental responsibility for a child can take the following 2 actions:
ACTION 1 – Make an application to the court and ask for a prohibited steps order
This is a court order which can stop someone from doing a particular act, such as taking the child abroad. This is a section 8 order. The form you will need to make an application is called form C100.
LINK TO OUR L.I.P HELP GUIDE FOR FORM C100
LINK TO OUR L.I.P HELP GUIDE FOR CHILD ARRANGEMENT TERMS & COURT ORDERS EXPLAINED.
Form C100 can also be used to vary or discharge a prohibited steps order.
An application for a prohibited steps order can be made ‘without notice’ if you believe that it may trigger an abduction.
LINK TO OUR L.I.P HELP GUIDE FOR WHAT IS A ‘WITH NOTICE’ OR ‘WITHOUT NOTICE’ COURT APPLICATION
ACTION 2 – Make an application to the court and ask for a specific issue court order
This order is made by a court where an agreement is not being reached between you and your ex-partner regarding a particular issue, such as, handing a passport over to the courts or stopping contact. This is a section 8 order.
LINK TO OUR L.I.P HELP GUIDE FOR FORM C100
LINK TO OUR L.I.P HELP GUIDE FOR CHILD ARRANGEMENT TERMS & COURT ORDERS EXPLAINED.
Form C100 can also be used to vary or discharge a specific issue order.
An application for a specific issue order can be made ‘without notice’ if you believe that it may trigger an abduction.
LINK TO OUR L.I.P HELP GUIDE FOR WHAT IS A ‘WITH NOTICE’ OR ‘WITHOUT NOTICE’ COURT APPLICATION
WHAT CAN YOU DO IF YOUR CHILD HAS BEEN ABDUCTED BY THE OTHER PERSON WITH PARENTAL RESPONSIBILITY AND THEY ARE IN THE UK?
If they are in England and Wales
The police can only help you if there is a court order in place stating:
- The child is at risk and the other parent must not have contact with them.
- You have evidence that this person does not have parental responsibility for the child.
- You have a child arrangements order stating that the child lives with you.
You can also make an application to the court for a specific issue order asking the court to return the child to you. The court form you need to do this is form C100.
LINK TO OUR L.I.P HELP GUIDE FOR FORM C100
LINK TO OUR L.I.P HELP GUIDE FOR CHILD ARRANGEMENT TERMS & COURT ORDERS EXPLAINED.
If they are in Scotland and Northern Ireland
If you do not have any existing court orders in place you must submit an application to your local family court in England and Wales for your child to be returned to you from Scotland or Northern Ireland (wherever they are).
If there are existing court orders (specific issue order, prohibited steps order, non-molestation order or child arrangements order) then you must register these orders in the family court in Scotland or Northern Ireland (wherever they are) so they can enforce them. To do this you must send a certified copy of the court order to the court in Scotland and Northern Ireland.
WHAT CAN YOU DO IF YOU DO NOT KNOW WHERE THE OTHER PERSON WITH PARENTAL RESPONSIBILITY HAS TAKEN THE CHILD?
If you believe this is the case then you can take the following 2 actions:
ACTION 1 – You can make an application to the court asking them to ask others such as family members and friends to reveal where the child is.
To do this you will need form C4.
LINK TO OUR L.I.P HELP GUIDE FOR FORM C4
ACTION 2 – You can also make an application to make the child a ward of court.
A wardship will allow the court to make court orders to return and protect the child. If you do this you are SHARING the parental responsibility for the child with the court. You can no longer make important decisions about your child without the court’s approval. To make the child a ward of court you will need to complete and submit form C66.
LINK TO OUR L.I.P HELP GUIDE FOR FORM C66
LINK TO OUR L.I.P HELP GUIDE OR WARDSHIP
WHAT CAN YOU DO IF YOUR CHILD HAS BEEN ABDUCTED BY THE OTHER PERSON WITH PARENTAL RESPONSIBILITY AND THEY HAVE NOT LEFT THE UK BUT YOU BELIEVE THERE IS A RISK THEY WILL?
If you believe this is the case then you can take the following 4 actions:
ACTION 1 – Contact the police immediately and ask for them to put out a port alert.
The police can help stop the child being taken out of the country by putting a port alert in place. The police will contact the National Border Targeting Centre and they will alert all UK ports (airports and shipping ports) about your child. The National Border Targeting Centre will do this for 28 days. If you would like the port alert extended beyond 28 days you need to apply for a court order.
LINK TO WEBSITE FOR POLICE – CONTACT US
ACTION 2 – Contact the police and ask for a child rescue alert (CRA)
A CRA is a joint venture between the police, the press and the public. You can ask the police to issue a child rescue alert if there is serious concern for your child’s safety and there is enough information for the public to help.
ACTION 3 – You can also make an application to make the child a ward of court.
A wardship will allow the court to make court orders to return and protect the child. If you do this you are SHARING the parental responsibility for the child with the court. You can no longer make important decisions about your child without the court’s approval. To make a child a ward of court you will need to complete and submit form C66.
LINK TO OUR L.I.P HELP GUIDE FOR FORM C66
LINK TO OUR L.I.P HELP GUIDE OR WARDSHIP
ACTION 4 – Contact reunite international child abduction centre
This is a charity that will help with practical advice and support.
LINK TO THE WEBSITE FOR REUNITE
WHAT CAN YOU DO IF YOUR CHILD HAS BEEN ABDUCTED BY THE OTHER PERSON WITH PARENTAL RESPONSIBILITY AND THEY HAVE BEEN TAKEN OUT OF THE UK OR ARE NOT BEING RETURNED AFTER A HOLIDAY ABROAD?
If you believe this is the case then you can take the following 7 actions:
ACTION 1 – Contact the police immediately
The police will take you seriously because a crime has been committed.
LINK TO WEBSITE FOR POLICE – CONTACT US
ACTION 2 – Contact the police and ask for a child rescue alert (CRA)
A CRA is a joint venture between the police, the press and the public. You can ask the police to issue a child rescue alert if there is serious concern for your child’s safety and there is enough information for the public to help.
ACTION 3 – Contact Interpol
Interpol has a database of missing children. Your child’s name can be added if the country they are missing in, requests Interpol to do this.
Interpol can issue 2 different types of notices:
- Red notice about the person who has abducted the child
- Yellow notice to alert countries that the child is missing.
Interpol is short for international criminal police organisation.
LINK TO WEBSITE FOR INTERPOL – CONTACT US
ACTION 4 – Contact the central main point of contact (THE CENTRAL AUTHORITY) in the country from where the child was abducted under the Hague Convention for children.
The 1996 Hague convention for international child abduction is discussed in detail further down this webpage. But for now we provide this mini explanation.
The 1996 Hague Convention in an international treaty to look after and protect the rights of children in international situations. Every country that has signed up to the Hague Convention for children on the civil aspects of international child abduction has an organisation called the central authority that can help you return your child. You must contact the central authority for the country you are living in and from where the child has been abducted from. Please click on the links below.
LINK TO THE HCCH WEBSITE FOR THE UK CENTRAL AUTHORITY
LINK TO THE HCCH WEBSITE FOR THE CENTRAL AUTHORITY IN OTHER COUNTRIES.
ACTION 5 – Contact reunite international child abduction centre
This is a charity that will help with practical advice and support.
LINK TO THE WEBSITE FOR REUNITE
ACTION 6 – Contact the foreign, commonwealth & development office (FCDO)
The FCDO can help with advice, contacting authorities in the UK and abroad.
LINK TO THE WEBSITE FOR FOREIGN, COMMONWEALTH AND DEVELOPMENT OFFICE (FDCO).
ACTION 7 – Click on the following links for further help and detailed explanations
LINK TO GOVERNMENT WEBSITE FOR COLLECTION OF COUNTRIES – PARENTAL CHILD ABDUCTION ABROAD
LINK TO GOVERNMENT WEBSITE FOR FIND HELP TO GET YOUR CHILD BACK FROM ABROAD OR ARRANGE CONTACT
LINK TO GOVERNMENT WEBSITE FOR GUIDANCE ON INTERNATIONAL PARENTAL CHILD ABDUCTION
WHAT IS THE HAGUE CONVENTION FOR CHILDREN ON THE CIVIL ASPECTS Of INTERNATIONAL CHILD ABDUCTION.
The 1996 Hague Convention in an international treaty to look after and protect the rights of children in international situations.
The 1980 (25th October 1980) Hague Convention on the Civil Aspects of International Child Abduction is about the return of abducted and wrongfully removed children (from birth up to the age of 18 years) to the country where they were habitually resident or abducted from.
To be habitually resident means this is where the child’s life is based, they are settled there, they go to school or college there, and their main family life is there.
If a child has been wrongfully retained or taken abroad without the consent of a parent who has parental responsibility then this parent can submit an application to the Hague Convention so they can start proceedings to return the child.
The country from where the child was taken and the country where the child has been taken to must both be parties to the convention/must have ratified the convention.
This Hague Convention enables member countries to work in unison to sort out international abduction cases.
91 countries have signed up for the convention and ratified the treaty. These countries are called the Hague Convention States.
What are some of the important features of the Hague Convention for child abduction?
Some important features of the treaty are:
1. Every country must have a central main point of contact (THE CENTRAL AUTHORITY) whom parents, organisations, governments, and anyone else involved in abduction cases can contact. This central main point of contact is referred to as the central authority of that country.
2. The central main point of contact of a country has the responsibility to do the following:
- Aid in locating abducted children.
- Encourage and put forward amicable solutions to resolving abduction cases.
- Help with the safe return of abducted children.
3. The documents and applications sent by the central main point of contact of one country to another country where the child has been abducted to are accepted and are valid in the courts of the country. These documents and applications are not required to follow the formalities applied to other foreign documents and applications.
4. In most cases a parent only needs to show proof of parenthood or marriage according to the law’s of the habitual residence country.
5. The immigration status and nationality of the abducted child or their parents does not affect the child being returned to their habitual residence.
Does filing an application with the Hague Convention mean that an abducted child will be returned?
Unfortunately it does not. The organisations, governments and individuals involved will try their best but it doesn’t always guarantee a successful return.
What does a parent need to show before an application is made to the Hague Convention?
A parent must prove the following:
- The abducted child is habitually resident in a country that is a convention state (a member of the Hague Convention). The child has been wrongfully removed or retained in another country that is a convention state.
- The removal or retention of your child is a violation of your rights of custody and you had these rights at the time of abduction.
- Both countries must be convention states when the abduction took place and the countries must have a treaty partnership between them.
- Your child is under 16 years of age.
Under which circumstances can a court in the country where the child has been abducted to, refuse to return the child to the country where they have been abducted from?
There are many reasons why a court may not return an abducted child. They are:
- The parent in the country where the child was abducted from does not have rights of custody.
- There would be a violation of the principles of human rights and freedoms of the country where the child has been abducted to.
- The parent in the country where the child was ‘abducted’ agreed and consented to the removal of the child.
- It has been a year since the child was abducted and has now settled and is doing well in the new country.
- The return of the child could physically and psychologically harm the child.
- The return of the child could put the child in a bad situation.
- The child has expressed that they do not wish to return and are at an age where they can comprehend what is happening and make a decision.
WHAT CAN YOU DO IF YOUR CHILD HAS BEEN TAKEN TO A COUNTRY NOT PART OF THE HAGUE CONVENTION?
If your child has been abducted and taken to a country which is not part of the Hague Convention then you can take the following 4 actions:
ACTION 1 – Contact reunite international child abduction centre
This is a charity that will help with practical advice and support.
LINK TO THE WEBSITE FOR REUNITE
ACTION 2 – Contact the foreign, commonwealth & development office (FCDO)
The FCDO can help with advice, contacting authorities in the UK and abroad.
LINK TO THE WEBSITE FOR FOREIGN, COMMONWEALTH AND DEVELOPMENT OFFICE (FDCO).
ACTION 3 – Contact Interpol
Interpol has a database of missing children. Your child’s name can be added if the country they are missing in, requests Interpol to do this.
Interpol can issue 2 different types of notices:
- Red notice about the person who has abducted the child
- Yellow notice to alert countries that the child is missing.
Interpol is short for international criminal police organisation.
LINK TO WEBSITE FOR INTERPOL – CONTACT US
ACTION 4 – You can make an application to make the child a ward of court.
A wardship will allow the court to make court orders to return and protect the child. If you do this you are SHARING the parental responsibility for the child with the court. You can no longer make important decisions about your child without the court’s approval. To make a child a ward of court you will need to complete and submit form C66.
LINK TO OUR L.I.P HELP GUIDE FOR FORM C66
LINK TO OUR L.I.P HELP GUIDE OR WARDSHIP
CAN YOU GET LEGAL AID FOR INTERNATIONAL CHILD ABDUCTION?
Most likely yes.
WHAT CAN YOU DO ONCE THE CHILD IS RETURNED TO YOU?
If the other person with parental responsibility has abducted your child and now your child has been safely returned to you, you can take the following 2 actions to prevent this from happening again.
ACTION 1 – You can make an application to the court and ask for a prohibited steps order preventing them from taking the child again.
To do this the form you will need is form C100.
LINK TO OUR L.I.P HELP GUIDE FOR FORM C100
LINK TO OUR L.I.P HELP GUIDE FOR CHILD ARRANGEMENT TERMS & COURT ORDERS EXPLAINED.
ACTION 2 – If there has been abuse and violence in the relationship or threats of such you can make an application for a non-molestation order preventing them coming near you and the child.
To do this the form you will need is form FL401.
LINK TO OUR L.I.P HELP GUIDE FOR FORM FL401
LINK TO OUR L.I.P HELP GUIDE FOR CHILD ARRANGEMENT TERMS & COURT ORDERS EXPLAINED.