What is child abduction (sometimes also referred to as international child abduction)?

Child abduction is when one parent moves their child from their usual home to another country without the agreement of the other parent or anyone who has parental responsibility (or without a court order allowing it).

How common is child abduction?

Data collected by the Hague Convention shows that child abduction both nationally in the UK and globally has been increasing year on year. This is because there are more international families – more cross-country marriages, more (and cheaper) travel and more opportunities to live and work in other countries. In 2019, the Foreign and Commonwealth Office helped in 260 child abduction cases.

Is child abduction the same as kidnapping?

In England and Wales, child abduction and kidnapping are not the same thing. In fact, there are specific laws that say that, if a child is abducted by their parent, this is not kidnapping. This is because there is a separate offence of child abduction.

How do I prevent my child being abducted by my ex?

Prevention is undoubtedly better than cure. There are lots of practical steps you can take: Collect important information and documents (eg, passports, birth and marriage certificates, court orders, recent photographs) copy them and keep them safe with a lawyer or a trusted friend. Look out for warning signs: this could be outright or veiled threats, changes in behaviour, asking for your child’s passport or birth certificate without giving an obvious reason, selling their house or business, or even giving notice of a move to your child’s school or nursery. If you do not have parental responsibility for your child, take legal advice about getting it. Contact the Passport Office as you may be able to stop your child getting a passport (although you will probably need a court order). If your child could be entitled to a passport from another country, check with that country’s Embassy or Consulate. You can ask them not to issue a passport to your child or for them not to be included on anyone else’s passport. Whilst not obliged to do so, they may follow your request. If you have real concerns that an abduction could happen, inform your child’s school or nursery and provide them with any court orders you have. Speak to a child abduction lawyer. They will be able to advise you on the different options available to you, including applying to the court for prohibited steps orders (stopping the other parent from taking your child out of the country), location and collection orders (allowing specialist enforcement officers to get information about your child and collect them from an address where they are known to be), a port alert (which is an alert the police send out to airports etc alerting them that your child should not be allowed to leave the country).

What is child abduction by a parent?

Child abduction is when one parent moves their child from their usual home to another country without the agreement of the other parent or anyone else who has parental responsibility (or without a court order allowing it). It can happen when a parent wrongfully removes a child to another country or wrongfully retains a child in another country.

What is classified as child abduction?

Child abduction is when one parent moves their child from their usual home to another country without the agreement of the other parent or of anyone else who has parental responsibility (or without a court order allowing it). It can happen when a parent wrongfully removes a child to another country or wrongfully retains a child in another country. Even if this has been done by accident, with the parent simply being unaware of the law, it is still considered child abduction. If you and your ex both have parental responsibility for your children and there are no court orders in place, then neither of you can take the children out of the UK on holiday without the consent and written permission of the other (or anybody else who has parental responsibility for the children). Many parents do not know this.

Can a child be abducted by a parent?

Yes, they can. It comes as a surprise to many parents that they can abduct their own child. A child cannot be taken out of the UK without the consent and permission of everyone who has parental responsibility.

What is the penalty for child abduction?

It is a criminal offence to take a child out of the UK without the consent of everybody with parental responsibility unless the court has given permission. The maximum penalty is seven years’ imprisonment.

I do not have parental responsibility for my child, and I’m worried my ex will move abroad. What can I do?

If you do not have parental responsibility for your child, your ex does not need to ask for your permission to take your child out of the country. In an emergency, there is little you can do to stop your child from travelling. It would be sensible to speak to a family lawyer about how you can get parental responsibility for your child, either through a parental responsibility agreement or a court order.

Is it child abduction if I take my child from England to Scotland?

Child abduction happens when a child is taken out of the UK. It is not a criminal offence to take a child from England to Scotland or Northern Ireland, although we strongly recommend that you discuss your proposed move or holiday with the other parent and get their agreement before doing anything. If you don’t, you risk a court order being made that your child must return to England and then legal proceedings taking place to decide things such as whether a move to Scotland should be allowed.

What happens if you take your child out of the UK, but you didn’t know you were breaking the law?

There are three defences for child abduction: That you believed that the other parent had agreed or would have agreed had they been aware of all the circumstances. That you took all reasonable steps to communicate to the other parent your intention to take your child, but had been unable to do so. That the other parent unreasonably refused to give their consent. However, if the person who refused to agree has a child arrangements order that states the child is to live with them or they have a special guardianship order, this defence it not available to you. It is also not available if there is a court order preventing the child from leaving the country.

What do I do if my child has been abducted?

The two priorities are to contact the police and tell them what has happened and then speak to a specialist child abduction lawyer who can advise you on your options.

What is a Hague Convention country?

If your child has been abducted from the UK, there is an international Convention (or set of rules) that is designed to quickly return your child. This is called the Hague Convention. Over 100 countries have signed up to the Hague Convention, including the UK. Of those signed up countries, the UK has agreements with over 80 of them meaning there is a network of countries who work with the UK to return children back to the country they usually live in. These countries include the United States, Poland, Australia and Ireland. If your child is abducted to another Hague Convention country that the UK has an agreement with, it tends to be easier to have your child returned. This is still a complex area of law, so do speak to a child abduction lawyer.

What happens if my child is abducted to a non-Hague Convention country?

When a child is abducted to a non-Hague Convention country, the Hague Convention rules and networks don’t exist. It can be much harder and take longer to get your child back because you either have to agree the return with the person who has taken your child or you have to start court proceedings possibly both in England and in the country they have been taken to. What your options are will depend on which other country is involved. For example, the UK has specific child abduction agreements with Pakistan and Egypt. However, there are countries – such as Thailand, the United Arab Emirates and India – where there is no agreed system in place. This is a complex area and legal advice is essential.

Is legal aid available in child abduction cases?

Legal aid can be available in child abduction cases. Speak to a child abduction lawyer about whether it is available in your specific circumstances.

Child abduction

Taking a child to another country requires the agreement of everyone with parental responsibility, otherwise it can be considered child abduction.

Parents with connections to more than one country often face additional issues if their relationship breaks down. Understandably, a parent may want to return to their home country, taking the children with them.

Moving to another country with your children, without agreement from their other parent, is child abduction. If you’re thinking about moving overseas with your child, it’s vital to speak to a family lawyer early on to ensure you do things in the right way.

If you believe there is a risk your child could be taken overseas without your agreement, your child has not been returned to the UK after a holiday or you’re facing allegations of child abduction, speak to a child abduction lawyer quickly This a traumatic situation for a parent to find themselves in. It is also a complex legal situation needing fast action. Taking the wrong steps can have far-reaching and permanent consequences.

Our lawyers

We understand the need to make child-centred decisions and we are committed to reducing conflict wherever we can. However, we also know that there’s a need to act quickly and assertively in cases where a child has been abducted.

Our team of child abduction lawyers advise parents whose children have been abducted and parents who are facing allegations of child abduction. We have experience of representing children separately too. We can help if:

You believe your ex might be planning to take your child abroad without your agreement
Your ex has already taken your child to another country without your agreement
Your child has not been brought home after an agreed trip or holiday overseas
You have been accused of abducting your child or are being threatened with child abduction proceedings

Some of our recent work includes:

Advising a father whose young daughter was kept overseas by her mother following an agreed holiday. Although court proceedings are under way, we are supporting the father as the parents try to resolve their dispute through mediation.
Advising a father, whose child had been abducted to a European country, in complex proceedings in the High Court and (in collaboration with overseas lawyers) securing the return of his child.
Representing a mother in high conflict proceedings in the High Court, where she was accused of abducting the couple's child to England. With our help, she was able to relocate to England with the child and negotiate a sensible co-parenting relationship with the father.

What you need to know

Child abduction happens when a child is moved across an international border by one parent without everyone else who has parental responsibility for the child agreeing or without a court order allowing it.

Parental responsibility is automatically given to birth mothers. If you and your ex were married or in a civil partnership when your children were born, then both of you will have parental responsibility. For births registered after 1 December 2003, provided their name is on the birth certificate, unmarried fathers will also have parental responsibility. Depending on your family’s situation, other people such as grandparents might also have parental responsibility.

Sometimes child abduction can be accidental. If you and your ex both have parental responsibility for your children and there are no court orders in place, then neither of you can take the children out of the UK on holiday without the consent and written permission of the other (or anybody else who has parental responsibility for the children). Many parents do not know this.

There are two types of child abduction:

Wrongful removal – when a child is taken from the country they have been living in and moved to another country.
Wrongful retention – when a child is kept in another country by one parent. Typically, this happens when both parents have agreed the child can go on holiday, but the child is not returned at the end of the trip.

Wrongful removal is also a criminal offence in England and Wales, which means the police can get involved. However, wrongful retention is not a criminal offence. The police are unlikely to get involved if your child has been wrongfully retained in another country.

However the abduction has happened, the Family Court in England and Wales can usually get involved if your child normally lives in England or Wales and has been taken to another country, or your child has been brought to England or Wales and normally lives in another country.

Frequently Asked Questions

What is child abduction (sometimes also referred to as international child abduction)?

Child abduction is when one parent moves their child from their usual home to another country without the agreement of the other parent or anyone who has parental responsibility (or without a court order allowing it).
How common is child abduction?

Data collected by the Hague Convention shows that child abduction both nationally in the UK and globally has been increasing year on year. This is because there are more international families – more cross-country marriages, more (and cheaper) travel and more opportunities to live and work in other countries. In 2019, the Foreign and Commonwealth Office helped in 260 child abduction cases.
Is child abduction the same as kidnapping?

In England and Wales, child abduction and kidnapping are not the same thing. In fact, there are specific laws that say that, if a child is abducted by their parent, this is not kidnapping. This is because there is a separate offence of child abduction.
How do I prevent my child being abducted by my ex?
Prevention is undoubtedly better than cure. There are lots of practical steps you can take:
- Collect important information and documents (eg, passports, birth and marriage certificates, court orders, recent photographs) copy them and keep them safe with a lawyer or a trusted friend.
- Look out for warning signs: this could be outright or veiled threats, changes in behaviour, asking for your child’s passport or birth certificate without giving an obvious reason, selling their house or business, or even giving notice of a move to your child’s school or nursery.
- If you do not have parental responsibility for your child, take legal advice about getting it.
- Contact the Passport Office as you may be able to stop your child getting a passport (although you will probably need a court order).
- If your child could be entitled to a passport from another country, check with that country’s Embassy or Consulate. You can ask them not to issue a passport to your child or for them not to be included on anyone else’s passport. Whilst not obliged to do so, they may follow your request.
- If you have real concerns that an abduction could happen, inform your child’s school or nursery and provide them with any court orders you have.
- Speak to a child abduction lawyer. They will be able to advise you on the different options available to you, including applying to the court for prohibited steps orders (stopping the other parent from taking your child out of the country), location and collection orders (allowing specialist enforcement officers to get information about your child and collect them from an address where they are known to be), a port alert (which is an alert the police send out to airports etc alerting them that your child should not be allowed to leave the country).
What is child abduction by a parent?

Child abduction is when one parent moves their child from their usual home to another country without the agreement of the other parent or anyone else who has parental responsibility (or without a court order allowing it). It can happen when a parent wrongfully removes a child to another country or wrongfully retains a child in another country.
What is classified as child abduction?

Child abduction is when one parent moves their child from their usual home to another country without the agreement of the other parent or of anyone else who has parental responsibility (or without a court order allowing it). It can happen when a parent wrongfully removes a child to another country or wrongfully retains a child in another country.

Even if this has been done by accident, with the parent simply being unaware of the law, it is still considered child abduction.

If you and your ex both have parental responsibility for your children and there are no court orders in place, then neither of you can take the children out of the UK on holiday without the consent and written permission of the other (or anybody else who has parental responsibility for the children). Many parents do not know this.
Can a child be abducted by a parent?

Yes, they can. It comes as a surprise to many parents that they can abduct their own child. A child cannot be taken out of the UK without the consent and permission of everyone who has parental responsibility.
What is the penalty for child abduction?

It is a criminal offence to take a child out of the UK without the consent of everybody with parental responsibility unless the court has given permission. The maximum penalty is seven years’ imprisonment.
I do not have parental responsibility for my child, and I’m worried my ex will move abroad. What can I do?

If you do not have parental responsibility for your child, your ex does not need to ask for your permission to take your child out of the country. In an emergency, there is little you can do to stop your child from travelling. It would be sensible to speak to a family lawyer about how you can get parental responsibility for your child, either through a parental responsibility agreement or a court order.
Is it child abduction if I take my child from England to Scotland?

Child abduction happens when a child is taken out of the UK. It is not a criminal offence to take a child from England to Scotland or Northern Ireland, although we strongly recommend that you discuss your proposed move or holiday with the other parent and get their agreement before doing anything. If you don’t, you risk a court order being made that your child must return to England and then legal proceedings taking place to decide things such as whether a move to Scotland should be allowed.
What happens if you take your child out of the UK, but you didn’t know you were breaking the law?
There are three defences for child abduction:
- That you believed that the other parent had agreed or would have agreed had they been aware of all the circumstances.
- That you took all reasonable steps to communicate to the other parent your intention to take your child, but had been unable to do so.
- That the other parent unreasonably refused to give their consent.
However, if the person who refused to agree has a child arrangements order that states the child is to live with them or they have a special guardianship order, this defence it not available to you. It is also not available if there is a court order preventing the child from leaving the country.
What do I do if my child has been abducted?

The two priorities are to contact the police and tell them what has happened and then speak to a specialist child abduction lawyer who can advise you on your options.
What is a Hague Convention country?

If your child has been abducted from the UK, there is an international Convention (or set of rules) that is designed to quickly return your child. This is called the Hague Convention. Over 100 countries have signed up to the Hague Convention, including the UK. Of those signed up countries, the UK has agreements with over 80 of them meaning there is a network of countries who work with the UK to return children back to the country they usually live in. These countries include the United States, Poland, Australia and Ireland. If your child is abducted to another Hague Convention country that the UK has an agreement with, it tends to be easier to have your child returned. This is still a complex area of law, so do speak to a child abduction lawyer.
What happens if my child is abducted to a non-Hague Convention country?

When a child is abducted to a non-Hague Convention country, the Hague Convention rules and networks don’t exist. It can be much harder and take longer to get your child back because you either have to agree the return with the person who has taken your child or you have to start court proceedings possibly both in England and in the country they have been taken to. What your options are will depend on which other country is involved. For example, the UK has specific child abduction agreements with Pakistan and Egypt. However, there are countries – such as Thailand, the United Arab Emirates and India – where there is no agreed system in place. This is a complex area and legal advice is essential.
Is legal aid available in child abduction cases?

Legal aid can be available in child abduction cases. Speak to a child abduction lawyer about whether it is available in your specific circumstances.

Videos from our adoption lawyers

Children Law Awareness Week: International Children Law – watch the recording from our webinar below

As part of Children Law Awareness Week in September 2021, experts Roberta Ceschini (Avvocato), Alev Giz and Eleri Jones (Barristers of 1GC Family Law) and Amy Starnes and Zoe Fleetwood (family lawyers from Mills & Reeve) presented a webinar on international children law issues including:

Child abduction: Hague 1980 or 1996?
Enforcement post Brexit
Relocation - tips and traps post pandemic

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Children Law Awareness Week: International Children Law – watch the recording from our webinar below

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What you need to know

Frequently Asked Questions

Videos from our adoption lawyers

Children Law Awareness Week: International Children Law – watch the recording from our webinar below

Visitors

Existing clients

Staff