Child Abduction

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Child Abduction

Under the Child Abduction Act 1984, it is an offence for a person connected with a child under 16 to take or send him out of the UK without the appropriate consent. A person is “connected with” a child for these purposes if he is a parent of the child, there are reasonable grounds to believe (in the case of a child whose parents are not married) that he is the father of the child, he is a guardian of the child, he has a residence order with respect to the child or he has custody of the child.

The criminal offence will occur if the child is taken out of the UK without the appropriate consent, that is the consent of each of the following:

the child’s mother and (if he has parental responsibility for the child) the child’s father
the child’s guardian
any person who has a residence order with respect to the child
any person who has custody of the child
the local authority (if the child is in care), or
the Family Proceedings Court (if there is a Place of Safety Order).

Provided the child usually lives within England and Wales, it is not necessary for there to be a custody or residence order in force at the time that the child is taken in order for an offence to be committed.

If an abduction has occurred or is feared then it is imperative that legal advice is sought as a matter of urgency.

Frequently Asked Questions About Child Abduction

How can child abduction be prevented?

There are various steps that can be taken. A court order (residence, specific issue or prohibited steps) can be obtained, an order preventing a passport being issued can be obtained and, in urgent situations, a port alert can be issued (this involves all air and sea ports being put on notice of a possible imminent abduction). If you have real reason to suspect that a child may be about to be abducted you should contact a solicitor and the police as a matter of urgency. The Reunite Advice Line (0116 2556 234) can also assist.

What can be done in cases of child abduction?

If the country to which the child has been taken is a member of the Hague Convention and/or the European Convention then the abduction should be registered with the Department of Constitutional Affairs, Child Abduction Unit. If not then the Foreign and Commonwealth Office, Protection Section, Consular Division, should be contacted immediately. Whilst they cannot arrange for the child to be returned they will notify the consul of the country concerned and will be able to provide details of lawyers. It is imperative that legal advice is sought immediately, both in the UK and in the country to which the child has been abducted. The Reunite Advice Line can give helpful assistance. Public funding is available regardless of means in child abduction cases to enforce existing rights of residence or contact although this only applies to proceedings in England and Wales.

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