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A guide to legal action in cases of parental abduction

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.

What constitutes parental abduction in the UK?

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:

  • A parent taking the child abroad without the other parent’s permission (if both parents share parental responsibility).
  • A parent keeping the child after a visitation period without returning them.
  • A parent hiding or refusing to return the child without letting the other parent know.

There are some situations where it may not be considered a criminal offence, such as if the parent:

  • Has a residence order and takes the child away for less than a month.
  • Has court approval to take the child out of the country.
  • Honestly believes they have permission, or that the other parent would agree if they knew all the details.
  • Has made reasonable efforts to get the other parent’s consent.
  • Is facing an unreasonable refusal from the other parent, and there’s no court order being violated.

What should you do if parental abduction has occurred?

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:

1. Stay calm and act quickly

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.

2. Contact the authorities

Once you’re sure your child has been taken unlawfully:

  • Call the police. If you believe your child is at immediate risk or has been taken abroad, contact the police right away. Child abduction is a serious offence, and the police will work to find your child and prevent them from leaving the country. They can issue an “All Ports Warning” to stop your child from being taken out of the UK.
  • Contact a solicitor. It’s important to get legal advice to help you through this process. A family law solicitor experienced in child abduction cases, such as those at Sousa Law, can explain your options, help with court applications, and work with the authorities to resolve the situation.

3. Apply for an emergency court order

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:

  • Recovery Order: This order allows authorities to locate and bring your child back. It can also give permission for authorities to enter places where the child may be kept.
  • Specific Issue Order: This order can help resolve specific issues, such as arranging for the child to be returned to you.

A solicitor can guide you through the process and recommend the best order for your situation.

4. Contact the ICACU (if the child has been taken abroad)

The situation can get more complicated if your child has been taken abroad, but there are still steps you can take:

  • The UK is part of the Hague Convention on the Civil Aspects of International Child Abduction, which helps make sure children taken to another country are returned quickly. If the country your child was taken to is part of the Hague Convention, you can get help from the International Child Abduction and Contact Unit (ICACU) to start the process of bringing your child back.
  • If your child is taken to a country that isn’t part of the Hague Convention, you’ll need to follow that country’s laws instead. You should seek legal advice from both UK and foreign lawyers to understand your options and improve the chances of your child’s return.

5. Seek emotional support

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.

How to prevent parental abduction

If you’re worried about the possibility of parental kidnapping, there are a few proactive steps you can take to help prevent it:

1. Set up legal protections

There are several court orders you can apply for to help prevent parental abduction. Two of the main options are:

  • Prohibited Steps Order (PSO): A PSO prohibits certain actions, such as taking the child abroad, removing them from school or nursery without agreement, or relocating them without your consent, and can be used to stop abduction from happening.
  • Child Arrangements Order (CAO): A CAO sets out who your child will live with and who makes important decisions about their welfare. If there’s a dispute, having a CAO can help protect your rights and prevent the other parent from taking your child without your knowledge.

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.

2. Flag with passport authorities

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.

3. Make others aware

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.

4. Stay vigilant

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.

Get help from the family law specialists at Sousa Law

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.

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