Child Abduction Solicitors
We are very experienced in dealing with parental child abduction cases. This is where a child has been unlawfully removed from a country and/or retained there. Sometimes this involves children being taken out of England & Wales and retained in another jurisdiction. But on other occasions the children are brought and unlawfully retained here. Expert international family law advice is needed in child abduction cases and it is vital to act quickly.
How can I prevent child abduction?
If you fear your child is to be abducted then the following urgent steps may need to be considered, by way of an example only:
- A prohibited steps order to prevent the removal of the child
- A Child Arrangements Order (lives with order)
- The child to be made a ward of court
- A sea and airport alert
- Contact the police
- A declaration of habitual residence
- Seizure of any relevant passports and travel documents
- Obtain specialist child abduction advice from a specialist family solicitor
What do I do if my child has been abducted?
In such a case much will depend on the relevant countries involved and whether European Union (EU) rules apply and/or 1980 Hague Convention on Child Abduction applies.
This can involve:
- The involvement of the Tipstaff in England & Wales to seek and locate the child
- Disclosure of any relevant information and records from third parties e.g. family members, government agencies, banks, airlines etc.
- Working with overseas family lawyers and courts
- Seeking an order from the court for the child’s return
Can parental child abduction be defended?
Certain defences are available but can be narrowly interpreted and relate to:
- Whether or not there is a dispute about where the child is from
- To order the return of the child would create an intolerable situation
- Acquiescence to the move
- The child’s own objections to a return
Seeking specialist child abduction advice from a specialist child abduction lawyer?
We are experts in child abduction cases for more than 20 years. James Maguire is a Fellow of the International Academy of Family Lawyers and is a member of the Law Society’s Child Abduction Panel. He is also on the panel for a number of embassies including the US Embassy and British Consulates overseas.
We are family lawyers in England and Wales who concentrate on international divorce and family law issues. We are not lawyers in other jurisdictions, and we work with independent international family lawyers around the world.