Key takeaways
Act immediately after abduction
Urgent action improves likelihood of securing the child’s return.
Engage authorities and support services
Police, ICACU, FCDO, and Reunite provide key assistance.
Legal process depends on country
Hague cases differ significantly from non-Hague jurisdiction approaches.
This article forms part of our series on international child abduction. In our first article we explained what constitutes international child abduction and the legal implications for families. The second article explored how cross-border child cases are dealt with and most recently, in the third article in the series, we looked at the practical and legal measures that can help reduce the risk of a child being wrongfully removed or retained abroad.
In this article, we address the steps a left-behind parent in England and Wales may take in the immediate aftermath of an abduction, whether through unlawful removal or retention of a child.
The below is intended to set out only initial considerations to assist a parent but should not be taken as a substitute for taking full, tailored legal advice.
First steps to take if your child has been taken abroad without consent
If your child has been taken abroad or not returned, you should act quickly. You may wish to:
seek urgent legal advice: a specialist solicitor can guide you through the process. In many Hague Convention cases, funding may be available depending on your circumstances.
contact the police: provide as much detail as possible, including:
The child’s description and photographs
Passport information
Travel details
Any existing court orders
contact the Foreign, Commonwealth & Development Office (FCDO): they may be able to provide assistance depending on the country involved.
contact ICACU: the International Child Abduction and Contact Unit (ICACU) is the UK Central Authority for Hague Convention cases and can assist with making an application for return.
contact Reunite International: reunite provides practical support and can help you access specialist legal advice.
maintain communication where possible: if safe and appropriate, try to keep communication open with the other parent.
Understanding the legal process after international child abduction
The process will depend on whether the child has been removed to or retained in a country which is a signatory to the Hague Convention.
If the child has been taken to or retained in a Hague Convention country, there is a defined legal process aimed at securing the child’s return.
However, in the event that a child is in a non-Hague country, you may need to apply to the courts in England and Wales, with further steps taken in the foreign jurisdiction. These cases are often more complex.
Where can parents get practical and emotional support following international child abduction?
These situations are extremely stressful, and in some cases, the left behind parent may also be responsible for the care of other children who remain at home. Parents should seek support from family, friends, and professional organisations wherever possible.
How our Family team can support
If you require advice or assistance, you can learn more about our Family and Relationships team here, or contact us to discuss how we can help.
