My Child is Being Wrongfully Kept Abroad Without My Consent. What is the Hague Convention on International Child Abduction?

When a child is wrongfully taken or kept in another country without one parent’s consent, it can be an incredibly distressing experience. Parents in this situation often face urgent and overwhelming questions about how to bring their child back home. This is where the Hague Convention on International Child Abduction applies.

The Hague Convention is an international agreement designed to protect children from the emotional and psychological harm caused by abduction. It provides a legal framework to ensure the prompt return of children to their home country, officially known as their "habitual residence". The Convention is built on the idea that custody disputes should be resolved in the courts of the child’s home country—not in the country to which they have been taken.

How Does the Hague Convention Work?

The Hague Convention applies when:

• The child is under 16 years old.
• The child has been taken to or kept in a country that is a signatory of the Convention.
• The removal or retention breaches custody rights of a parent under the law of the child’s home country.

If these criteria are met, a parent can make an application for the child’s return through the designated central authorities. The court in the country where the child has been taken will then determine whether the child should be sent back to their home country, or if a valid defence can be established.

The process may sound straightforward, but it can be complex, particularly if there are disputes over the child’s habitual residence or concerns about their welfare.

How Watkins Solicitors Can Help

At Watkins Solicitors, we understand how devastating it is to be separated from your child. Our experienced international family law team specialises in Hague Convention cases, offering clear advice and practical solutions tailored to your situation. Here’s how we can support you:

• Clear Guidance from the Start: We explain the Hague Convention process in simple terms, helping you understand whether it applies to your case and what steps to take next.
• Fast and Efficient Action: Hague Convention cases are time-sensitive. We act quickly to ensure the necessary applications are made and the process moves forward without unnecessary delays.
• Building a Strong Case: Our team works with you to gather the evidence needed to establish your child’s habitual residence and consider whether any of the defences are applicable to your case.
• Support for Non-Hague Cases: If your child is in a country that is not part of the Hague Convention, we provide expert advice on alternative legal options, including working with local authorities and courts.

Why Choose Watkins Solicitors?

Choosing the right solicitor is a crucial step in bringing your child home. At Watkins Solicitors, we pride ourselves on being approachable, compassionate, and highly knowledgeable in international family law. With extensive experience handling complex cross-border cases, we are committed to supporting you through every stage of this emotional journey.

What Should You Do If Your Child Has Been Taken Abroad?

If you believe your child has been abducted or wrongfully retained abroad, time is critical. Acting quickly increases the chances of achieving a successful outcome. Contact Watkins Solicitors today to discuss your situation with one of our international family law specialists.