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Child Abduction Solicitors
If you are accused of child abduction, you must seek legal advice from a solicitor experienced in child abduction cases straight away. Our child abduction solicitors have prepared this article.
Child abduction occurs when someone takes (or sends) a child abroad without obtaining permission from anyone with parental responsibility for the child or permission from the courts. Having a specialist solicitor on your side as early on as possible, to help you navigate this highly complex area of law, is invaluable.
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Child arrangements
If someone else has parental responsibility for the child, it will be necessary to obtain either oral or written consent from that person (or those people). If there is a child arrangements order in place (or a residence order, pre-2014) or a care order, it will be necessary to obtain consent in writing from anyone who has parental responsibility.
Reaching an agreement
If you cannot reach an agreement with the other parent about taking your child overseas, you would need to obtain permission to do so from the court. When a court is deciding about whether or not a child can be removed from the UK, the child’s welfare will be the most important factor.
What is child abduction?
Child abduction occurs when someone takes (or sends) a child abroad without obtaining permission from anyone with parental responsibility for the child or permission from the courts.
The Child Abduction Act 1984 states that it is a criminal offence for someone connected with a child under 16 years old to take or send said child abroad (out of the UK), without obtaining the appropriate consent.
Child abduction: what counts as appropriate consent?
In order to take (or send) a child abroad, the law regarding child abduction requires that appropriate consent is sought from:
- the child’s mother
- the child’s father (if he has parental responsibility)
- the child’s guardian
- the child’s special guardian
- the local authority (if the child is in care
- the person the child lives with as stated in the child arrangements order (or the residence order if pre-2014)
- in certain circumstances, the court
If only one parent has parental responsibility for the child, they can legally leave the UK and move abroad with their child without obtaining consent (unless there is a court order which says to the contrary).
If someone else has parental responsibility for the child, it will be necessary to obtain either oral or written consent from that person (or those people). If there is a child arrangements order in place (or a residence order, pre-2014) or a care order, it will be necessary to obtain consent in writing from anyone who has parental responsibility.
Is child abduction a criminal offence?
Yes, child abduction – when a child is taken out of the UK without getting consent to do so from anyone else with parental responsibility – is a criminal offence.
Who can commit child abduction?
If a person connected with a child takes the child overseas without obtaining the appropriate consent, they could be committing the criminal offence of child abduction.
I cannot get the necessary consent from the other parent to take my child abroad – what can I do?
It is very important to recognise that if you take your child abroad without obtaining the necessary consent, you could be committing the criminal offence of child abduction. This could have serious consequences.
If you cannot reach an agreement with the other parent about taking your child overseas, you would need to obtain permission to do so from the court. When a court is deciding about whether or not a child can be removed from the UK, the child’s welfare will be the most important factor.
Having a solicitor experienced in this area of law to advise and guide you through what can be a complex and emotionally charged process, is essential.
Is there a difference between child abduction and kidnapping?
Yes, child abduction is when a child it taken abroad by a person connected to them and this person has not obtained the appropriate consent.
Conversely, kidnapping occurs when someone is taken without their consent and then imprisoned against their will. This is normally, although not always, accompanied by some sort of ransom demand or other financial motive.
In order to be kidnapped, someone has to be taken without their consent and held against their will. In the case of child abduction, even if the child goes abroad willingly with their parent, this could still be viewed as child abduction (depending on whether or not the appropriate consent was obtained).
Can I take my child abroad on holiday without permission from the other parent?
If you have a child arrangements order from the court specifying that the child is to live with you, you may be able to take your child on holiday overseas for up to 28 days without consent from the other parent (unless there is a court order which says to the contrary). However, in order to avoid unnecessary conflict, it is normally advisable to inform the other parent of the intention to go on holiday and seek their agreement, if possible. If you intend to be overseas with the child for longer than 28 days, you would need to seek the necessary consent.
If you do not have a child arrangements order stating the child is to live with you, you would need to seek consent from anyone else with parental responsibility in order to take your child on holiday abroad.
Anyone with a special guardianship order for a child can take the child abroad for a maximum of 3 months without consent.
If I am the child’s mother, will I be committing child abduction by taking my child abroad without consent from the father?
This depends on whether or not the father has parental responsibility for the child. If the father does not have parental responsibility, you can take the child abroad without their permission. However, if the father does have parental responsibility and you leave without seeking their consent, this could be regarded as child abduction (unless you have a child arrangements order and you are going on holiday – see above).
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Is it child abduction if my child stays within the UK?
To commit the criminal offence of child abduction, the child would have to be taken out of the UK. Taking a child to Wales, Scotland or Northern Ireland does not fall under the criminal offence of child abduction. However, taking (or sending) a child to the Isle of Man or the Channel Islands without the necessary consent is a criminal offence.
It is important to note that consent from anyone else with parental responsibility is required in order to take (or send) a child out of England and Wales.
Learn more about why you should instruct Adley Gray.
Useful Links
What is GBH and ABH?
What is Common Assault?
What is the difference between Murder and Manslaughter?
When is Domestic Violence an offence?
How to prevent child abduction?
Parental Child Abduction: The Guide
Can a father stop mother taking child on holiday?
Are there any defences to child abduction?
There are three defences to the criminal offence of child abduction:
- The parent believed that either the other parent had consented or if the other parent been aware of the circumstances, they would have consented
- The other parent unreasonably would not give their consent for the child to be taken aboard (this defence may not be available in some circumstances, such as if the other parent is the person who the child is stated to live with in a child arrangements order)
- The parent had taken all reasonable steps to let the other parent know about taking the child abroad but had not been able to communicate this information with them
Not knowing that you were committing an offence by taking your child abroad without the appropriate consent is not a defence.
Speak to our Expert Child Abduction Solicitors in:
> London
> Leeds
> Manchester
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