Child Abduction By A Person Without Parental Responsibility
(Non-parental Abduction)
Please note the following 2 points:
POINT 1
This webpage is about the abduction of a child by a person who does not have parental responsibility for that child.
LINK TO OUR L.I.P HELP GUIDE FOR WHAT IS LEGAL PARENTAL RESPONSIBILITY?
POINT 2
There is a separate write up for the abduction of a child by a person who has parental responsibility for that child. 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 CHILD ABDUCTION BY A PERSON WITH PARENTAL RESPONSIBILITY
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 DOES THE LAW SAY ABOUT CHILD ABDUCTION?
Under the child abduction act 1984 it is a crime for a person to remove, detain or not return a child:
- Without the consent of any individual(s) with parental responsibility for that child.
- Without a court order saying they can remove the child.
HOW IS KIDNAPPING DIFFERENT FROM ABDUCTION?
Both kidnapping and abduction are similar in nature and are often used interchangeably, however there is a distinct difference.
Kidnapping is when a child is forcibly taken away or transported against their will and then held under false imprisonment. Kidnapping is often done for a ransom.
Abduction is when a child is taken away by being coerced, compelled and deceived. Sometimes this can also be by force.
WHAT CAN YOU DO IF YOU FEEL YOUR CHILD HAS BEEN ABDUCTED AND THEY ARE IN THE UK?
If you believe your child has been abducted and they are in the UK you can take the following actions:
ACTION 1 – Contact the police immediately and report the abduction
LINK ON INFORMATION HOW TO CONTACT THE POLICE
ACTION 2 – Ask the police 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.
WHAT CAN YOU DO IF YOUR CHILD HAS BEEN ABDUCTED 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 3 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.
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 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 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.
LINKT 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 if they know who it is
- 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
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. 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. 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 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 IS THE SENTENCE FOR SOMEONE WHO ABDUCTS A CHILD?
Abduction carries a sentence of approximately 7 years. The sentence will depend upon the particulars of the case and whether any other crime has been committed during the abduction.