What Is Wrongful Removal or Retention of a Child in Parental International Abduction Cases?

What Is Wrongful Removal or Retention of a Child in Parental International Abduction Cases?

When a child is taken to or kept in another country without the agreement from the parent or guardian who has custody rights, it can be an incredibly distressing situation. For parents facing this, the Hague Convention on the Civil Aspects of International Child Abduction provides a legal framework to help address these cases and ensure that children are returned promptly to their home country. But what exactly constitutes "wrongful removal" or "retention" under this treaty?

What Does "Wrongful Removal or Retention" Mean?

Under the Hague Convention, wrongful removal happens when a child is taken out of their home country by a parent or guardian without the consent of the other parent who has custody rights. Similarly, wrongful retention occurs when a child is kept in a foreign country beyond an agreed timeframe or against the terms of shared custody arrangements.

For example:

• A parent takes the child abroad for a holiday and decides not to return them as planned.
• A parent relocates to another country with the child without obtaining permission from the other parent or the court.

In both cases, the Hague Convention seeks to protect children by restoring the status quo and returning them to their habitual residence — the place where the child has their established home, family connections, and daily life. Habitual residence is crucial because it determines the country with the legal authority to make decisions about the child’s custody and care, ensuring these matters are handled in the most appropriate and familiar legal jurisdiction.

How Can Watkins Solicitors Help?

At Watkins Solicitors, we understand how emotionally overwhelming these situations can be. Our experienced international family law team is here to guide you through the process of seeking the return of your child under the Hague Convention. Here’s how we can assist:

• Proving Wrongful Removal or Retention: We help you gather the necessary evidence, including custody agreements, court orders, or proof of habitual residence, to demonstrate that your child has been wrongfully removed or retained.
• Navigating the Hague Convention Process: We ensure all legal procedures under the Convention are followed correctly, giving your case the strongest possible foundation.
• Expert Advocacy: We provide skilled representation, whether you're negotiating with the other party or presenting your case in court, ensuring your child’s best interests remain the focus.

Wrongful removal or retention can disrupt a child’s life, creating uncertainty and emotional stress for both the child and the parent left behind. The Hague Convention is designed to prevent such disruptions, prioritising the child’s welfare by swiftly resolving these disputes.

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: info@watkinssolicitors.co.uk / 0117 939 0350.