What is international child abduction? A guide for parents

Key takeaways

Definition and types explained

Child abduction includes wrongful removal and wrongful retention abroad.

Legal consequences vary

Removal is criminal; retention usually handled through civil proceedings.

Consent or court approval required

Relocation abroad needs written agreement or court permission.

This article is the first in our series on international child abduction, providing guidance for parents who may be concerned about the risk of a child being taken abroad or not returned.

What constitutes international child abduction?

International parental child abduction occurs when a parent or guardian takes a child under the age of 16 to another country, or keeps them there, without the consent of everyone with parental responsibility or without permission from the court.

In family law, there are two main types of abduction:

wrongful removal – where a child is taken or sent abroad without the agreement of all those with parental responsibility.
wrongful retention – where a child is kept in another country without the agreement of all those with parental responsibility.

Can child abduction be a criminal offence?

Wrongful removal is a criminal offence in England and Wales, and the police may become involved if a child is taken out of the jurisdiction without the appropriate consent.

Wrongful retention is not always treated as a criminal offence, but it can be in certain circumstances. In many cases, the police prioritise resolving matters through civil legal processes rather than criminal proceedings.

Common misconceptions

While many people associate child abduction with strangers, most international child abduction cases arise within families. In today’s international world, many families have connections to more than one country. Following a relationship breakdown, one parent may wish to return to their home country for support. However, it is essential that:

any relocation is agreed in writing by all parties with parental responsibility; or
court permission is obtained if agreement cannot be reached
if you are unable to agree, you should seek legal advice about applying to the court for permission to relocate. You can read more about this in our article here: Relocation of children and obtaining leave to remove | Hill Dickinson
if you believe your child may be at risk of being taken abroad without your consent, or has not been returned after an agreed trip, it is important to seek urgent legal advice.