We have a extensive experience of representing clients accused of child abduction.

The offence of child abduction is most commonly committed by a parent, often in the context of an acrimonious separation or divorce. 

Section 1 of the Child Abduction Act 1984 makes it an offence if a person ‘connected with’ a child under the age of 16 takes or sends the child out of the UK without the appropriate consent.

'Connected with' includes a parent, guardian or any person who has custody of the child.
The appropriate consent may be defined by Child Arrangements Order in the family court, and/or may require leave from the court and/or consent from all parties with parental responsibility.

Appropriate consent is needed from the:

• mother of the child
• father of the child, if he has parental responsibility
• guardian of the child (if appointed)
• special guardian of the child (if the child is under a Special Guardianship Order)
• holder of a Residence Order (if granted prior to 22nd April 2014)
• holder of residence named in a Child Arrangements Order (if applicable)
• Local authority if the child is in care
• Court if the child is detained or a ward of court.

No offence is committed under this section where the appropriate consent is given for a child to be removed from the UK for a definite period; however if the child is kept out of the country after the period has expired then the appropriate consent no longer exists. 

Section 2 of the Child Abduction Act 1984 makes it an offence for a person that is not ‘connected with’ a child to unlawfully take or detain a child under the age of 16. 

Taking a child out of the UK

A parent with parental responsibility, with whom the child resides and who is named in a Child Arrangements Order, may take the child outside of the UK for up to 28 days without the appropriate consent. The exception is if the order expressly prohibits this clause.

If you intend to take the child outside of the UK for more than 28 days the appropriate consent will be needed. If you cannot obtain the appropriate consent, you will need to apply for permission from the court.

The courts can put in place restrictions, or require that a passport be surrendered, if there are concerns about the frequency of trips abroad or that there is a risk of abduction.

It may be a criminal offence and/or contempt of court (if there are family court orders) to take a child abroad without the appropriate consent.

Hague Convention Proceedings 

The Hague Convention treaty safeguards children from abduction. Many countries are signatories to the convention, including the United Kingdom
The Hague Convention proceedings determine which country has jurisdiction to decide where a child should reside.

If a child remains in a country without the appropriate consent, Hague Convention proceedings can be initiated by the Applicant parent whose child has been removed or retained.

Ordinarily this is the country where the child lived before their removal or retention. 
The Respondent in the proceedings is the parent who removed or retained the child.

There are several defences available for the Respondent and the court can refuse to return a child to the country in which the child was previously living. The defences include: 

1. Settled–the proceedings have been initiated more than one year after the removal or retention and it is evidenced that the child is now settled in their new country
   
   
2. Consent / Acquiescence – the left-behind parent had consented to or subsequently acquiesced to the removal or retention, or was not exercising their custody rights when the child was removed or retained
   
   
3. Grave Harm – the court has determined that there is a grave risk that the child’s return would expose them to physical or psychological harm
   
   
4. Child Objects – the child objects to being returned and the court considers the child has attained an age and degree of maturity at which it is appropriate to consider their view
   Criminal proceedings and Hague Convention proceedings can progress simultaneously.

How we can help

We can represent you wherever you are based, whether it be in the UK or overseas. We support our clients through every stage of the criminal justice process, including:

• Representation at interviews
• Pre-charge engagement to prevent charges being brought against you
• Youth court proceedings  
• Crown court proceedings
• Court of Appeal

For more information on any of the above click here, or if you have been requested to attend an interview or have notification of court proceedings, please contact us today.