Child abductions can arise following the breakdown of a marriage or partnership. One parent may wish to relocate elsewhere and take their child without the consent of the other parent or without seeking permission from the courts.
The breakdown of a marriage or partnership can be devastating not only for the parents but for the children too. Many individuals believe that they can only move on by starting afresh either in a new city or country. Many individuals believe they need their families support and decide to move closer to them. However, in making this decision, they forget about how they will manage their children with their ex-partner.
If a parent believes there is an imminent risk of their child being removed from the country without their consent, there are emergency steps that can be taken to prevent this. Ay parent can make an application to the courts for a 'Prohibited Steps Order', a 'Residence Order' or a 'Parental Responsibility Order'.
These orders will specify your child's living arrangements and will further set out specific restrictions such as surrendering your ex-partner's and your child's passport to stop them from leaving the United Kingdom.
The Police can also be notified, and your child's details can be circulated to the relevant authorities such as port and border agents.
If your child has been removed from the United Kingdom and has been taken to an EU country which subscribes to the Hague Convention or the European Convention, our expert lawyers at Westridge Legal can make an application to the country in question and work to have your child returned.
If your child has been taken to a country that does not subscribe to the Hague Convention or the European Convention, an application for a wardship can be submitted. Further advice can then be sought from the country in which your child resides, and an application can be made to enable the return of your child.
If your child has been removed to a country where they hold dual citizenship, our lawyers will seek to draft correspondence to the embassy or consulate in any country where your ex-partner may seek to apply for a passport and request for them to bar the application. Although in many cases this request is accepted, some countries do not co-operate with our requests and cannot be forced to comply.
Although laws vary across different jurisdictions around the world, the 1980 Hague Convention on the Civil Aspects of International Child Abduction operates between more than 80 countries.
This convention sets out what constitutes as abduction and sets a default position that usually means the return of the children to the country where they previously lived. Penalties, including fines and imprisonment are issued to the party who is found guilty of child abduction.
Child abduction matters can be incredibly distressing. Our team of Family lawyers are aware of the sensitivity and urgency involved in preventing child abduction. We understand that every individual requires different care and are here to support you.
Our highly experienced lawyers will guide and support you every step of the way to ensure that the best outcome is achieved with minimal disruption to your life.
If you wish to speak about your options directly with our specialist staff, please contact us on 0121 724 0302 to book a consultation today.
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