Parental abduction happens when one parent takes or keeps a child without the other parent’s permission. It can be incredibly distressing for everyone involved, from the child and the parent left behind to friends, family, and even the larger community.
If you’re facing or worried about this situation, understanding your rights and knowing what actions to take can make all the difference. This guide will walk you through the legal options available in the UK to help you handle parental abduction and work towards the best outcome for your family.
Under the Child Abduction Act 1984, parental abduction is when a parent takes a child away from the other parent or guardian without legal permission. It’s a serious crime that can result in up to seven years in prison, community service, fines, and loss of custody.
Some common examples of parental abduction include:
There are some situations where it may not be considered a criminal offence, such as if the parent:
If the other parent has taken your child without your permission or the court’s approval, there are several steps you can take to resolve the situation as quickly as possible:
The first thing to do in any case of parental kidnapping is to stay as calm as possible. It’s natural to feel panicked, but clear thinking will help you act quickly and effectively.
If you suspect your child has been taken or kept without your permission, start by gathering all the facts. Reach out to family, friends, neighbours, or places like schools or nurseries to make sure there hasn’t been a misunderstanding or miscommunication before moving forward with more serious steps.
Once you’re sure your child has been taken unlawfully:
If your child has been taken without your permission, you can turn to the Family Court for help by applying for emergency orders. These include:
A solicitor can guide you through the process and recommend the best order for your situation.
The situation can get more complicated if your child has been taken abroad, but there are still steps you can take:
While taking legal action is paramount, it’s also important to take care of your emotional wellbeing. Both you and your child might find comfort and healing through counselling or support groups that focus on family disputes and child abduction. This experience can be emotionally overwhelming, but having a strong support network can help you cope, heal, and move forward in a healthy way.
If you’re worried about the possibility of parental kidnapping, there are a few proactive steps you can take to help prevent it:
There are several court orders you can apply for to help prevent parental abduction. Two of the main options are:
It’s best to work with a family law solicitor to make sure you have all the right legal protections in place. They can also guide you through mediation if needed, especially if the other parent has been cooperative in the past.
If you’re worried that the other parent might try to take your child abroad without permission, try to keep hold of their passport. You can ask the court to have the passport given to you or someone you trust. You should also let the HM Passport Office know about the situation – they can place an alert on your child’s passport to stop it from being used or reissued for travel without your consent.
Let your child’s school, nursery, nanny, childminder, babysitter, and anyone else involved in their care know about any court orders or restrictions in place. Be sure to give clear instructions that your child should only be released to specific, approved individuals.
Stay alert to any unusual behaviour or conversations from the other parent that might suggest they’re thinking about taking your child without permission. Keep detailed notes of anything that raises concern, as having this information documented can be helpful if you need to present it in court.
Parental kidnapping is a frightening situation, but there are legal ways to protect your children and secure their safe return.
If you’re worried about or facing parental kidnapping, reach out to the family law solicitors at Sousa Law right away. We’re here to help you explore your options, whether the abduction is within the UK or internationally.
We can guide you through the legal process, work with the authorities on your behalf, connect you with emotional support resources, and take all the necessary steps to help you through this difficult time. From mediation to legal action, we’re dedicated to protecting you and your child’s best interests.
Book a confidential appointment online or call us on 02380 713060 today.