Child Abduction Solicitors

What is Child Abduction?

Sometimes parents may disagree with where a child should live. That can be difficult where both parents live in the same country, however it can become more complex when the parents live, or want to live, in a different country.

If a parent wishes to take a child on holiday, then it is best to get the consent of the other parent. If they do not agree, then an Order of the Court could be sought which will authorise the trip.

If a parent does not have consent from the other parent or an Order from the Court, then it could be seen as child abduction by the Court.

Our Services:

provide advice in regards to a risk of a child being abducted
advise whether an application for a Prohibited Steps Order should be made
advise if a Port Alert should be requested
provide advice if you have received an application under the Hague Convention

Child Abduction

FAQs

What is the Hague convention?

This is an international agreement between countries to return children swiftly where they have been abducted from their home country. The UK has signed this agreement. This is to deter children being abducted.

What are the Court proceedings relating to child abduction?

This can fall into two categories. First to prevent a child being abducted you could make an application for a Prohibited Steps Order. This is an Order that can stop a parent from taking a child from your care and also out of the UK.

Secondly if a child has been abducted then proceedings could be brought under the Hague Convention. These require specialist legal advice and are normally dealt with by the High Court. The proceedings are usually quick as they are designed to consider whether a child should be returned to the country from which they have been taken. As a starting point, it is set out that a child should be returned. However, defences and arguments against this are available to the proceedings. We would be happy to provide you with advice about this.

When should I contact a solicitor?

You have been served with papers from the High Court or referring to the Hague Convention or;
You are concerned that your child is at risk of abduction. There are applications that can be brought before the Court urgently in these circumstances

We will act quickly and can offer emergency meetings. Given the speed and complexity of proceedings, it is important that you contact us urgently.

We are one of only a few firms within Central England listed with Reunite International.

Can I get legal aid for Child Abduction?

Legal Aid is available for this type of work and we are able to see and assist you in making an application for legal aid. That is subject to a means test (where we have to consider your income and certain outgoings that you may have) and a merits test (where we have to consider the likelihood of whether you will be successful).

Given the speed of the proceedings, we are able to offer emergency legal aid funding for these proceedings. Again, please do contact us and we will be able to discuss this with you further.

If you do not qualify for legal aid funding then we will provide you with a clear estimate of costs from the outset.

Do I need permission to take my child abroad?

You must get permission from those with parental responsibility before taking your child abroad or have permission from the Court. You can take a child out of the UK for 28 days if you have a Child Arrangements Order saying that the child lives with you, unless an Order says that you cannot.

It would be best to get this permission in writing as you may be asked about this when leaving the UK.

Flexibility We are available for urgent hearings at Court and remotely if required.

Expertise Our team has members of the Law Society Children Panel and Resolution. We are specialists in Children Law.

Established We have a good reputation for delivering Children Law advice.

Legal Aid This is generally available to all parents. We will guide you through the application process.

Location We cover hearings throughout the Midlands and occasionally further afield.

Communication The team is contactable by mobile phone, email, WhatsApp and text.