Child abduction can occur in a number of scenarios and often as a consequence of a family breakdown. It is particularly pervasive where a couple have settled in one parent’s home country but, post separation, the other parent wishes to return to their own home state and the other parent does not consent to that relocation.
Ordinarily that parent should make an application under the Children Act 1989 to relocate with the children. However, all too frequently these legal requirements are disregarded and one parent simply flees with the children, leaving the other parent behind.
It is possible to make applications to the court to prohibit the other parent from removing the children from England. Such orders can be backed up by orders requiring the children’s passports to be held securely by a solicitor. It may be possible to secure a Port Alert putting airports and ports on notice that a parent should not be removing the children from this jurisdiction.
In the event that a child has been abducted from England and Wales there are a number of International Conventions that can be utilised to secure the return of the child and the countries that are signatories have agreed to reciprocally work together to deal with such cases. In the event that a child has been abducted to a country that is not a signatory to one of these Conventions then the English Courts still have the power to make orders in respect of abducted children to secure their return under the inherent jurisdiction.
We are able to assist you in a number of scenarios:
- If you believe that your child may be at risk of being taken to another country;
- If your child has in fact been removed from England and taken to another country without your consent;
- If you live overseas and your child has been brought to England and Wales without your permission;
- If your child has been brought to England and Wales for a legitimate purpose, for example to visit relatives or on holiday, but at the end of the agreed visit the other parent has retained the child and is refusing to return them; or
- If you have brought your child to or retained your child in England and Wales without the consent of your partner and the other parent is seeking the return of the child.
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Child Abduction work requires specialist knowledge. Our dedicated team of lawyers have a wealth of experience in abduction work representing clients from many jurisdictions including Dubai, Malaysia, the United States and Europe. If you are concerned that your children may be at risk of abduction there are a number of ways in which we can help.
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Why Choose Payne Hicks Beach for Family Law?
Recognised by Chambers HNW (Band 1) and Legal 500 for specialist expertise in children law, strategic advice, and the handling of high-complexity cases. Our team includes some of the most experienced children law practitioners in England and Wales. In 2024, the firm won Family Law Team of the Year at the Chambers HNW Awards, reflecting the depth and quality of our practice across all areas of family law, including private children work.
Our children law practice spans the full breadth of private children work. We advise on Child Arrangements Orders regulating where a child lives and their time with each parent; Specific Issue Orders resolving disputes about education, medical treatment, or other aspects of a child’s upbringing; and Prohibited Steps Orders preventing one parent from taking action that the other parent opposes. We are experienced in assisting a parent acquire parental responsibility and in domestic and international relocation cases acting for either the relocating parent or the parent wishing to retain the status quo. Our team is also experienced in child abduction proceedings, wardship, special guardianship, child protection, surrogacy, and adoption. We also deal with applications under Schedule 1 of the Children Act 1989 (financial provision for unmarried parents), Whatever the nature of the issue, the child’s welfare remains at the centre of our advice.
We provide a bespoke service with the utmost sensitivity and discretion. Children proceedings are already held in private by default, but we go further, advising clients from the outset on how to minimise the footprint of any dispute. We are experienced in all aspects of non-court dispute resolution, including mediation, arbitration, and private hearings, and we actively explore these routes before any court application is considered. For high-profile clients or those with particular reputational concerns, we can work alongside our colleagues in dispute resolution and privacy law to ensure that any associated proceedings, whether injunctions, confidentiality applications, or media management, are handled as part of a single coordinated strategy. We are committed to ensuring that your family’s privacy is protected throughout.
International children law is one of the most technically demanding areas of family practice, and our team has substantial experience. We act in both Hague and non-Hague Convention child abduction cases, leave to remove applications (where a parent seeks to relocate a child abroad), and wardship proceedings. We have an established network of trusted family lawyers in key jurisdictions and regularly assemble cross-border teams to protect our clients’ positions wherever the dispute arises.
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