Child Abduction

• Published date: 18 March 2021
• Subject Matter: Criminal Law, Family and Matrimonial, Family Law, Crime
• Law Firm: Aramas Family Law
• Author: Aramas Family Law

We receive a high amount of abduction cases. There are still, sadly, too many child abductions away from the primary residential parent, especially to non-Hague convention countries. Genuine child abduction is still a major problem. Many countries are not doing enough or anything to secure the return of abducted children. Sometimes the child goes missing altogether or for many years. Sometimes the courts of the country to which the child has been abducted will not assist in any return and perhaps even transfer custody to the other parent, the national, often the father. Some parents have had to take drastic and dramatic steps to recover their children, even after many years apart.

What is the Hague Convention?

It is a worldwide agreement entered into by about 80 countries with the intention to secure the fast return of abducted children to the country from which they have been abducted. Governments, police and courts work together very closely, including between countries. Their concern is the early return of the child.

What happens if our child has been abducted to a country which is not a signatory to the Hague convention?

There are unfortunately still many countries which are not signatories to the Hague Convention. Some non-signatory countries actively cooperate as if they are signatories. Some have entered into bilateral arrangements with England similar to the Hague Convention such as Pakistan and Egypt. However a number of countries do not co-operate fully to secure the return of an abducted child. Very good, experienced and specialist legal advice and representation is needed and must be sought quickly. English specialist lawyers often work closely with lawyers in the country to which the child has been taken. Proceedings in England such as wardship can sometimes assist to...