This
section aims to give practical advice on how and where to seek help
in relation to child abduction and the enforcement of orders relating
to your children within the European Union. Although it is addressed
mainly to parents, it will be equally valuable to anyone who has
a residence or care order for a child. It will also assist anyone
who has or is seeking contact/access to a child living overseas.
Over 10 million
British nationals live overseas. Against this background, it is
not surprising that international disputes concerning children continue
to increase. They are always distressing and difficult for all concerned,
especially the children. Very often cases are played out in the
full glare of the media. Each parent may believe that he or she
has the right to have the child living with them or to have contact/access
with the child.
Often a parent
will have court orders providing for residence or contact. In general
disputes about arrangements for children are decided by the courts
of the country in which the child is located unless the parents
agree. The nationality of the child will have little bearing on
where the case is heard. As of 1 March 2005 some British court orders
and orders made in other European countries will be enforceable
in countries which are members of the European Union (except Denmark).
British Court orders are not otherwise directly enforceable outside
the United Kingdom.
Parents whose
children are abducted or who have British orders for contact with
their children living overseas hold high expectations of what the
government and other agencies can do to help them. While help is
available, the arrangements with overseas countries are complicated
and you are strongly advised to contact a solicitor or a Citizens
Advice Bureau for legal advice. Procedural advice may be given by
the International Child Abduction and Contact Unit (ICACU) located
in the Office of the Official solicitor and Public Trustee); Consular
Division of the Foreign and Commonwealth Office, the Passport Agency
or reunite: International Child Abduction Centre which is a charity
specialising in assisting parents.
Parents who
have brought their children to the United Kingdom from abroad and
who are concerned as to the situation in which this action places
them and their children may also approach the organisations listed
in: Useful telephone numbers websites and addresses for contact
details to obtain information about the implications of their situation.
If you are in this position you should also consider obtaining legal
advice so that the situation can be resolved.
Application
forms and explanatory notes
Application (questionnaire) for return of a child - Notes
for guidance
Application
(questionnaire) for access to a child - Notes
for guidance.
Application
(questionnaire) for registration of court order under European Convention
