How To Avoid Child Abduction - Travelling And Moving Abroad With Your Child

• Published date: 30 November 2021
• Subject Matter: Litigation, Mediation & Arbitration, Family and Matrimonial, Family Law, Arbitration & Dispute Resolution
• Law Firm: Russell-Cooke Solicitors
• Author: Ms Lauren Hall

There are many issues for separated parents to consider when raising their child. Taking their child abroad for a holiday or moving abroad permanently are just two of them. So, before you pack your bags, where do you stand and how do you avoid child abduction?

My child lives with me, what is the problem?

Even if you are the primary carer for your child, the law says that before you take a child abroad even for just a holiday, you must seek the permission of all those with parental responsibility or get a court order. There are some exceptions to this and to be confident of your legal position on taking a child abroad and to avoid child abduction, you may wish to consult a family solicitor. However, good practice for all families is that in the interests of having a good relationship for the sake of your child, you should consult with the other parent to seek permission with reasonable notice. Some countries require a formal letter of consent or legal document confirming you have your ex-partner's permission to travel to that country. This can present a serious problem if you have a different surname to your child. It is very important to check the specific requirements of the country that you plan to travel to.

I am worried that my ex-partner intends to abduct our child

If you have concerns that your ex-partner is planning more than just a holiday with your child and is not intending to return to England, you must act fast and get specialist legal advice. Despite the potential criminal implications of abducting a child, child abduction can happen frequently when families separate in today's international world. If you are worried that your child is at risk of abduction, there are urgent legal steps you can take to prevent a child from being physically removed from England. Time is of the essence - once a child has left England, a parent must rely on international law such as the Hague Convention to get their child returned. This provides some legal protection to have your child returned although can be fraught with difficulties and lead to a prolonged period of separation. Prevention is always better than cure.

What if I do not want to give permission for a holiday?

Your separation from your ex-partner may have been acrimonious but do you have a good reason for your child not to go on holiday? You may want to ask for details of where your child is going and how they are getting there. It may satisfy you to know where your child is being taken and when they...