Hartnell Chanot: Divorce/Family Law Solicitors Exeter, Devon

Child Abduction

Parental child abduction is a tragedy and the welfare of the child is foremost.

When parents separate or divorce, children are always vulnerable, but where the separation or divorce involves the crossing of borders or parents of different nationality, children become increasingly at risk from abduction.

In 1980, the Hague Convention on International Child Abduction came into force, and there are currently 64 signatories. This means that if your child is "abducted" by the non-resident parent into one of 64 countries who have signed the Convention, these countries have an acknowledged framework within which to operate in order to ensure the safe return of the child to its custodial parent.

The Hague Convention requires that the child in question has been wrongfully removed from the parent who has "custody" of that child, or rights which are equivalent to custody. The Convention dictates that the child should be returned to the place of his or her habitual residence in order that the Court in that jurisdiction may decide what is in that child's best interests. Unless there is a grave risk of physical or psychological harm, or some other compelling reason, for example that the child has been away from the place from which they were "abducted" for more than one year, then the child will normally be returned to their homeland.

The practice in Convention countries does vary greatly however. Prevention is always better than cure. If you have a reasonable fear that abduction of your child may take place, you should take preventative steps immediately.

This is an extremely complex area of the Law and the above is merely an overview.

If you have reasons to believe your child is at risk of being abducted, Reunite have produced 'The Child Abduction Prevention Guide'. It provides clear and concise information on the legal procedures and practical steps for parents to take if they fear their child is in danger of abduction.

If you believe this may apply to you, contact us immediately on 01392 421777 or by email, or visit Reunite or call their helpline on +44 (0) 116 255 6 234.