Child Abduction

Child abduction is the term used when a parent or someone acting on their behalf removes a child.

Specifically, it means

• taking or sending a child under 16 out of the UK without the permissions they need. This is called child abduction.

• taking a child out of the UK when it is allowed, but keeping the child out of the country for longer than allowed. This is called wrongful retention.

What permissions?

To take a child out of the UK, you need the permission of everyone with parental responsibility. If you can't get this, you will need to make an application to court for a specific issues order.

You don't need the permission of everyone with parental responsibility or a court order if

• the child lives with you under a Child Arrangements Order. Here, you can take the child out of the UK for up to one month without needing the permission of others.  

• the child lives with you under a Special Guardianship Order. Here, you can take the child out of the UK for up to three months without needing the permission of others.

A criminal offence

Child abduction (including wrongful retention) is a criminal offence under the Child Abduction Act 1984. The Child Abduction Act 1984 covers abduction by (or on behalf of) a parent, guardian, or someone thought to be the child's father (s1) and abduction by someone else who has taken or kept the child from someone with lawful control of him.

Getting the child back from abroad

Whether or not a crime is committed, there is an international agreement called the Hague Convention. Countries that have signed this have all agreed to get their courts to quickly order the return of children who have been brought into their country through abduction or who have been wrongfully kept there. The basis of this agreement is that any issues about where the child lives should be decided in the country in which the child usually lives, and not the country to which they have been taken. There are defences to being ordered to return the child.

Not all countries are part of this agreement and therefore prevention of abduction is very important. 

Preventing abduction

If you think an abduction is happening right now, ring the police emergency line (999). Ask the police to notify all ports and airports using a Port Alert, to try to prevent the children leaving the country. Do not wait for an appointment with a lawyer to take this action.

Then immediately contact the government's Child Abduction Unit on 020 3681 2756. They can help you find a lawyer who can make an immediate High Court application if this is necessary.

Longer term prevention

If you think that your child is at risk of abduction, there are a number of things you can do such as make an application to court for a prohibited steps order, or block the issue of a passport. The best guide on this is published by the charity Reunite: Prevention of Abduction - Reunite International. It is available in several languages.

If your child has been abducted and is now outside the UK

Seek legal advice immediately - you should be able to get legal aid. You can do this by contacting the government's Child Abduction Unit on 020 3681 2756. They can help you find a lawyer who can make an immediate High Court application if this is necessary. Alternatively you can find a specialist on this list.

Do not delay. Delay can make it difficult to get your child back.

Child abduction within the UK

There is only one situation when removing a child to another part of the UK is child abduction, and that is when the child is removed from or kept from someone with lawful control of him. This could be an adult friend who lets the child live with them when the parent concerned disagrees with this.

We have an NCLS short guide with this information available to download.