Parental child abduction occurs when a child under 16 is taken from the country where they live by one of their parents, without consent of the other or a Court Order giving them permission to do so.
There are several key conditions required to establish if an abduction has taken place:
- the child involved is under 16
- the child has been removed from of the country where they usually live or is being wrongfully retained in another country
- the removal or retention has taken place in breach of the left behind parent’s rights of custody
- the left behind parent was exercising those rights of custody at the time the removal or retention took place
If all of those conditions are met, we may be able to help the left behind parent to start urgent child abduction proceedings to secure the child’s swift return. Those proceedings will take place in the country the child has been taken to.
There are several defences that can be raised to an allegation of abduction. These include:
- consent or lack of opposition by the left behind parent
- that the child would be placed in an intolerable situation or be at risk of grave harm if returned
- that the child is now settled in the new country
- the child objects to the return
How We Help In Cases Of Parental Child Abduction
If your child has been abducted, contact our specialist solicitors for legal advice. We’ve helped many parents to be successfully reunited with their children after an abduction.
If your child is at risk of an abduction we can take urgent steps to prevent it.
The team at Irwin Mitchell have the necessary experience to assist you and understand the urgency of the situation for you and your child.
Contact us on 0345 604 4911 or get in touch online.