Hartnell Chanot: Divorce/Family Law Solicitors Exeter, Devon

Child abduction within the UK

The Family Law Act 1986 aims to prevent conflicting orders being made of a child in the UK.

The legal systems of Scotland and Northern Ireland differ from England and Wales and historically this has led to conflicts of jurisdiction where two different orders could be made in different parts of the UK at the same time.

This made it possible for parents to ignore an order made in one part of the UK, move to another and institute fresh proceedings with the hope of a different result.

Part I of the Family Law Act 1986 was passed to deal with this and aims to prevent conflicting orders being made in respect of a child in the UK. Most importantly the Act means that orders made in one part of the UK are enforceable throughout. The court that originally made the order can forward the papers to the appropriate court that can then register it.

The court can order passports to be surrendered and a person with parental responsibility can apply for a location order to have the child’s whereabouts established found. This often involves the assistance of the police who coupled with the Court an prove very effective in these cases.