With newly released Foreign and Commonwealth Office figures suggesting the number of parental child abduction cases has more than doubled in the last decade, we take a closer look at the issue…
What is parental abduction?
International parental abduction is when a parent takes their child to live in another country without consent from their other parent or someone with whom they share parental responsibility. It sometimes happens during the summer holidays, when a parent may visit their home country with the child and fail to return.
Many cases of parental child abduction occur after or during a separation or divorce arrangements for children may be disputed, and a parent may wish to prevent the child’s other parent from having any contact.
Although it is often thought to be fathers who do this, 70 per cent of parental abductions are actually by the mother of the child. Three quarters of children taken overseas by one of their parents are aged six and under.
There are almost 500 recorded cases of parental abduction each year, but abduction charity Reunite believes the real figure is much higher and report that its helpline received 17,000 calls in 2014. It is estimated that international parental child abductions have doubled within the last ten years – there were 477 recorded cases in 2014, compared to 226 in 2005.
What can you do?
Parental abduction is a criminal offence under the Child Abduction Act 1984, so you can contact the police if your child’s other parent has forcibly removed them from the country.
When abductions occur in signatory countries to the 1980 Hague Convention, it is possible for arrest warrants to be issued, contact orders to be given and for Interpol to be involved.
The most common destination countries for UK cases of parental abduction are the US and Poland. Cases involving countries that have not signed the agreement, however, can be extremely difficult to resolve. Pakistan, Thailand and India are the most common such states for UK children to be taken to.
It is important for parents to be aware that forcibly taking their child away from their home, their other parent and their extended family is a criminal offence, as many may not realise this when they leave.
In November 2014 the Law Commission recommended that a loophole within child abduction law be closed. Unlike child abduction, abduction by retention has not been made a criminal offence.
Also known as wrongful retention, abduction by retention occurs when a parent takes a child abroad with the consent of the other parent but fails to return the child after the agreed period.
Reunite believe 40 per cent of parental abduction cases are actually abduction by retention, which makes location and return of the child, as well as prosecution of the parent, problematic. The amendment of the Child Abduction Act to include wrongful retention is expected to be debated in the House of Commons this year.
Elizabeth Gallagher head of the Family Department at Macks says “if you think your child is at risk of being abducted or wrongfully retained aboard it is important to seek legal advice promptly. It may be necessary to obtain a court order preventing the removal of a child and with a court order it may be possible to prevent a passport being issued. The Police should also be consulted and may assist with implementing a “Ports Alert”
If a child is abducted or wrongfully retained aboard again it is important to act quickly and seek specialist legal advice. It is much easier to secure the return of children from countries that are signatories to the Hague Convention. At Macks we have a specialist team of Solicitors who have many years experience of dealing with all issues concerning children including child abduction. They will be able to quickly assess your case and advise on the next steps to take and put you in touch with other agencies that may be able to help such as Reunite. Particularly with cases involving non convention countries, it may be necessary to issue legal proceedings in courts overseas and our team can assist and help guide you through this process.
Any litigation can be expensive in terms of financial cost. It can also be expensive in emotional cost and can be unpredictable. At Macks we recognise that the court forum is not usually the best place to resolve issues concerning children and we will always recommend alterative ways of resolving children issues. I practice collaborative law, which aims to resolve disputes between a divorcing or separating couple by a series of 4 way meetings with each party and their collaborative lawyer being part of the meeting and we agree at the beginning that we will not go to court. If the process breaks down everyone has to walk away and the parties have to instruct different lawyers. Although I am passionate about the collaborative process I recognise it is not suitable for every case. Where there is a risk or there has been a child abduction issue, whilst I would not rule out collaborative practice, generally urgent action needs to be undertaken and the circumstances are such that it is not possible to progress down the collaborative route. “If you want to arrange a meeting about your divorce or separation, our family law solicitors in Darlington can be reached on 01325 389 800, or you can visit one of our other offices in Middlesbrough and Redcar.
