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International Child Abduction Solicitors
Both parents will normally need to agree before children can be taken abroad. If this has not been agreed, then a parent taking the child out of the UK could potentially be accused of international child abduction.
Whether you are a parent wishing to take your children abroad, you are seeking to prevent this or the children have been already taken abroad and there is now a dispute between the parents about their return, expert advice is a must.
At Watkins Solicitors, we are experts in international child abduction law. We can advise parents on either side of a dispute, helping to achieve an amicable outcome if possible or securing a definitive resolution through the courts.
For tailored advice and support related to international parental child abduction, you can contact us on 0117 939 0350 or email info@watkinssolicitors.co.uk.
Alternatively, you can use our contact form to request a call back and a member of our team will be in touch shortly.
Our international child abduction services include:
Where you believe there is a risk of your child or children being taken abroad without your consent, then our experts can help. We can use various approaches to prevent international child abduction, including securing a Prohibited Steps Order and a Port Alert to stop your child from being taken out of the UK.
If you wish to take your children overseas and their other parent does not agree, then we will be happy to advise you. It may be possible to reach an agreement with the other parent, especially if the trip is just a holiday. If an agreement cannot be reached, then we can assist with securing permission from a court to take your children abroad.
If your children have been removed from the UK without your permission, then our international child abduction solicitors can help. We can advise on your options and then support you in taking action, including applying to a court to have your children returned.
Should you believe that you have been wrongly accused of international parental child abduction, we can advise you. Our experts can review your situation and give clear, honest guidance about your legal position and options.
International child abduction, in law, refers to someone with parental responsibility for a child (usually their parent) taking their child outside of the UK without either the consent of everyone else with parental responsibility (usually the child’s other parent) or a court order granting them permission to do so.
Who has parental responsibility for a child will depend on the circumstances. The birth mother will automatically have parental responsibility and most fathers and other second parents will have it if they were married or in a civil partnership with the birth mother when the child was born and/or they were named on the child’s birth certificate. There are also other ways parental responsibility can be acquired, so if you are unsure about this, please consult one of our experts.
There are various ways that international child abduction can occur but one of the most common is for a parent to take a child abroad on an agreed trip and then fail to return them by the agreed date.
If you have removed your child from the UK without the other parent’s consent then, legally, you have to return them or face accusations of international child abduction. The exception to this would be if you have a Child Arrangements Order saying the child lives with you, in which case you can take the child out of the UK for up to 28 days without the other parent’s consent.
You can apply to a court for permission to take your child abroad without the other parent’s consent but this should be done before taking them out of the UK.
If you are worried that your child’s other parent may attempt to remove them from the UK without your consent, then you can apply to a court for a Prohibited Steps Order to prevent them from doing so. Our international child abduction lawyers can support you in doing this.
Another step you can take to help prevent international child abduction is to ask the Court to issue a ‘Port Alert’. This will stop your child from being taken through any point of departure from the UK e.g. an airport, ferry port, train station or the Channel Tunnel.
If your child has already been removed from the UK, then you can apply to a court to secure an order for their return.
There are no foolproof signs that a child is at risk of international child abduction, but some things that might increase the risk include:
As covered above, if you are concerned about a risk of international child abduction, then you can apply for a Prohibited Steps Order to prevent this and ask the Court to issue a Port Alert to prevent your child being taken through any exit point from the UK.
Other steps you can take include:
If the other parent is taking the children abroad on an agreed trip, then you can also:
How long it will take to secure the return of a child taken abroad without permission will depend on the situation. If you are able to negotiate their return with the other parent or other family members, then it may be quite fast. Should court proceedings be required, it can take longer. Our international child abduction lawyers can give you realistic advice about this when you contact us.
For tailored advice and support related to international child abduction, you can contact us on 0117 939 0350 or email info@watkinssolicitors.co.uk.
Alternatively, you can use our contact form to request a call back and a member of our team will be in touch shortly.