Action to take when a child is abducted

The International Child Abduction and Contact Unit (ICACU) is the designated Central Authority for England and Wales and is responsible for administering the Hague Convention as well as the Revised Brussels II Regulation and the European Convention. Scotland and Northern Ireland and some overseas territories of the United Kingdom each have their own Central Authorities.

Staff in the ICACU process applications and provide advice to parents, solicitors and others on steps they may take to recover children who have been wrongfully removed to and from England and Wales. The Unit communicates regularly with Central Authorities in other countries regarding cases, passing on information and providing assistance where necessary.

Your child has been taken to a Hague Convention country
You (or your legal adviser) should contact the ICACU. Staff there will take brief details over the telephone and will send you a questionnaire to complete which will request further information. Alternatively, you can complete the questionnaire by using the application form for the return of a child on this website. The website also provides guidance notes to help you complete the questionnaire. The completed questionnaire should be accompanied by:

• copies of photographs of the missing child and of the person who has taken the child and
• any other relevant information which may explain the circumstances of the removal/retention and which may help in locating the child.
• copies of any court orders concerning the child

Requirements for the Hague Convention, Revised Brussels II Regulation and the European Convention
In order to come under the Hague Convention

• the child must be under 16
• the child must have been habitually resident in the United Kingdom prior to the abduction
• the applicant must have and have been exercising rights of custody in relation to the child. This does not mean that you need a court order for custody/residence
• the abduction must have taken place after the Hague Convention came into force between the United Kingdom and the country to which the child has been taken
• if the abduction has taken place after 1 March 2005, the child must have been abducted from or to a convention country outside the European Union (excluding Denmark).

In order to come under the Revised Brussels II Regulation the case must meet the same criteria as for the Hague Convention but in addition,

• the abduction must have been from or to a country within the European Union other than Denmark and
• the application for return must be made after 1 March 2005

In order to come under the European Convention the applicant must have a court order made in a country which is a party to that convention and which is not a member of the European Union (except Denmark).

Your child has been taken to a non- convention country
You should contact the Foreign and Commonwealth Office. They will advise you of the options available to you.

If you cannot reach an agreement with the person who has taken your child, beginning legal proceedings in the courts of the country concerned may be your only option.

It is important to establish as soon as possible what your parental rights are under local law and what the local child care and control practices are. You should therefore consider obtaining legal advice about the laws and practice of the country concerned.

Consular Division of the Foreign and Commonwealth Office (FCO) can help by providing a list of local lawyers who correspond in English. Contact details of the FCO are:
Foreign & Commonwealth Office
Consular Division
Old Admiralty Building
London, SW1A 2PA
Tel: 020 7008 0200
Website: http://www.fco.gov.uk/

Please note that neither Consular Division nor British consular officers abroad can give legal advice or act as your legal representative.

No court will pass down judgments which are contrary to their own law. They might be unable or unwilling to oppose family, religious or cultural traditions which are customary or obligatory in their country.

In some countries the law may structure the parental rights of men and women differently and may give importance to the religious upbringing which one or other of the parents can offer . This will usually influence the outcome of a child custody case, especially when one parent is from a different social, cultural or religious background and intends, if granted custody, to remove a child from those traditions.

Dual Nationality
In many instances abducted children will also have the nationality of the country to which they have been taken, in addition to their British nationality. In such cases, international law restricts the scope for formal action by consular officers. They will always do everything possible to help informally.

Costs
Legal proceedings can be both long and expensive and British legal aid is not available for actions overseas. You may be able to get legal aid from the country to which your child has been taken. You should discuss this with your lawyer.

What the Foreign and Commonwealth Office do to help

British Consuls can:

• provide a list of local lawyers who correspond in English
• approach local authorities for help in tracing the whereabouts of the child
• once the child is located, and with the other parent's consent, obtain a welfare report
• with the UK court's permission, draw to the attention of the local authorities the existence of any UK court order(s)
• help establish and keep open lines of communication between parent(s) and the child
• provide informal practical help locally

No consular fees will be charged for this work

British consuls cannot:

• recover children for parents
• become involved in illegal attempts to return children to the United Kingdom
• pay legal costs
• fund air travel for parents
• obtain visas on behalf of parents

You do not know where your child has been taken
Alert your local police station, first by telephone and then in person. You will be asked to give a statement. Where threat of removal is real and imminent the police will institute a Port Alert. This means that the child's name will be circulated to all UK points of departure. If there are any difficulties ask to speak to the senior officer in charge.

A court order is not necessary for the police to act in England and Wales and in Northern Ireland. They will only require a statement which gives evidence of your rights/responsibilities in relation to the child and of your objection to the removal of the child.

You have brought your child into the United Kingdom from abroad
If you are uncertain about the basis on which your child has been brought from overseas you should consult a solicitor.

This Page Was Last Updated

Sunday 7 January, 2007 13:42

Disclaimer