How will you help me when my child’s been abducted by their other parent?
If your child is in the UK, we can apply to the courts on your behalf to have them returned to your care. We’ve decades of experience dealing with family law courts in the UK and will provide you with clear and detailed advice on your options.
If your child has been taken overseas, you’ll need a specialist legal team on your side. This should be a team that not only knows the relevant international agreements and protocols, but also has access to an extensive network of foreign lawyers with whom we can liaise on your behalf.
We’ve advised on cases around the world including Europe, the Middle East, the USA, Africa, Australia, Asia, and the Far East. We’ve both the experience and the contacts to make sure that you work with high-class legal teams across the globe.
What should I do if I fear my child is at risk of being abducted by their other parent?
If you’re concerned your child’s other parent might abduct them, there are several options to consider. Often urgent court orders are required in order to prevent the removal of a child from England and Wales where there is a real concern that the removal is imminent and not agreed. Our experts can talk you through the options.
What is The Hague Convention? Which countries participate?
The 1980 Hague Convention on International Child Abduction is an international treaty where participating governments have agreed to cooperate in cases of child abduction. The governments agree to share information and make sure any child who’s unlawfully taken and brought into their country is returned quickly, apart from cases where a parent successfully argues that a defence is applicable.
There are many countries worldwide that have signed up to The Hague Convention.
The Hague Convention has been used in many of our cases where children have been taken from the UK without the consent of one of their parents. It’s also been where a child is with you in England and Wales and you’re accused of abduction. We’ve experience dealing with The Hague Convention and can talk you through the process if your child has been taken abroad.
In some cases of child abduction, legal aid funding or equivalent may be available to the left behind parent. Unfortunately, we can’t accept legal aid cases, but if we believe that you may be entitled to legal aid, we’ll refer you to a firm that can help you. We often can work with parents who are accused of abduction and are present in England and Wales with a child in need of advice.
To find out if The Hague Convention applies in your case and talk to an expert lawyer, call us today.
How long will it take to resolve?
It’s difficult to give a timeline as it all depends on your circumstances. The location of your child must be considered because this has a significant bearing on the speed of the process and how progress is made. Our experts will advise on this in context, whether you’re a left behind parent or a parent in England and Wales who has been accused of abduction.
If The 1980 Hague Convention on Child Abduction is applicable, you must apply within one year of the abduction. If you’re accused of abduction, you’ll be asked if there are any relevant defences which the court needs to consider. The aim is always to try and resolve these matters swiftly and the court in England and Wales often deals with these matters on an urgent basis.
If your child has been taken to a country that falls outside of any convention or agreements, then we must consider your options in context. We’ve experience of these situations. If this is a concern for you contact us straight away so we can discuss your circumstances.
I live in Scotland, can Irwin Mitchell’s child abduction solicitors help me?
Yes, we can help if you live in Scotland. Because of the difference in laws in Scotland, it would be handled by the legal system there.
Our family law team work with trusted law firms across Scotland to make sure our clients in Scotland are catered for.
We’ll still be your main point of contact and will work with our Scottish counterparts to get the best outcome for you.
Our team will make sure you’re fully up to date with the situation and be there to answer any questions you have.
What if my child has been taken abroad?
If your child has been taken abroad, there may be international agreements in place to help you secure their swift return, or to rely upon a defence if you have been accused of abduction. If your child has been taken to a country that’s not privy to such agreements, the case may be more complex, but we can still help.
These agreements are frequently used to seek to reunite children with parents, save for when a defence is relevant. Each case is different and specialist, tailored, advice is needed. It’s important to have experts on your side who know how they work and how to best protect your situation.
We've dealt with many cases of international child abduction for parents who are left behind and for those who seek advice to consider if there is a defence.
We’ve extensive experience working with barristers in England and Wales who also have expertise in abduction cases, as well as a network of expert foreign solicitors who can help with your case if needed. This means you have specialist advice and representation throughout your case.
If your child has been taken abroad without your consent or you’re accused of abducting your child to England and Wales, time is of the essence. Contact our team of experts.
What’s the process when my child’s been abducted by their other parent or I am accused of abduction?
If your child has been taken from the UK (known as removal) or not returned at the end of contact time (called wrongful retention), it’s important to get in contact with our experienced child abduction solicitors as soon as possible.
They’ll be able to advise you on whether any international agreements or protocols to return your child apply. They can assist you with any legal applications you might have to make.
A child abduction is considered to have taken place when the following four conditions are met:
The child involved is under the age of 16
The child has been removed from 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.
Our specialist child abduction solicitors are experienced in working with either a left-behind parent or a parent who is accused of abduction. Our specialist solicitors have experience in both scenarios. We’ve an extensive network of foreign lawyers we can liaise with on your behalf.
If you live abroad but your child has been brought to the UK without your consent, in line with the conditions above, there are applications which we can make in the UK courts to seek to have your child returned to you. If you’re accused of abduction, you may be provided with court papers in England and Wales to consider these matters in that court.
If you’re accused of abduction you may seek to challenge the return of your child. Defences may include:
A contention that the child would be placed in an intolerable situation and/or at risk of grave harm if they were returned
There was consent between parents to move to England and Wales
That the child is now settled in their new country
That the child objects to the return.
This is a highly emotive subject and dealing with legal issues, as well as strong personal feelings, can make things difficult. Every case is different, but it pays to have a legal team that can provide you with expert, straightforward advice on your circumstances and matters relevant to your case.
