In our increasingly connected world, relationships between people from different countries are becoming more common. With international travel becoming cheaper and affordable, more people are moving across border, families are often spread across multiple countries.
While this can be exciting, it can bring about new challenges, especially when relationships break down. One of the most serious issues that can arise is child abduction, what then is child abduction and what does it entail.
What is International Child Abduction?
International child abduction occurs when one parent takes their child to another country without the permission of the other parent or without a court order allowing it. This is a serious matter and is considered a crime in many countries, including the UK.
To be more specific, child abduction involves:
- A child under 16 years old
- A parent with parental responsibility
- Taking the child to another country
- Not having permission from the other parent or a court
It’s important to understand that even if you’re the child’s parent, taking them to another country without proper permission can be considered abduction.
Why Does International Child Abduction Happen?
There are various reasons why a parent might consider taking their child to another country without permission:
1. After a relationship breakdown, one parent might want to return to their home country with the child.
2. A parent might fear losing custody and decide to leave with the child.
3. Sometimes, a parent might believe they’re protecting the child from harm.
4. In some cases, cultural differences or misunderstandings about legal rights can lead to abduction.
While these reasons might seem understandable from one parent’s perspective, it’s crucial to remember that abduction can be very harmful to the child and is against the law.
Prevention: What to Do If You’re Worried About Abduction
If you’re concerned that your child might be at risk of being taken out of the country without your permission, there are several steps you can take:
- Talk to a Family Lawyer: At Adel Jibs, we believe that this should be your first step. A lawyer who specialises in international family law can give you expert advice and help you take legal action to protect your child.
- Get Court Orders: Your lawyer can help you apply for various court orders to prevent your child from being taken abroad:
- Prohibited Steps Order: This stops your child from being removed from the UK.
- Specific Issue Order: This can address whether your child is allowed to leave the UK.
- Child Arrangements Order: This states which parent the child should live with.
- Ward of Court Order: This puts your child under the court’s protection and prevents them from being taken overseas without the court’s permission.
- Passport Precautions: You can ask the court to stop your child from getting a passport. Also, contact the embassy or consulate of the other parent’s home country and ask them not to issue a passport for your child.
- Contact Reunite: This is the International Child Abduction Centre. They can provide valuable information and support if you’re worried about abduction.
- Set Up a Port Alert: If you think your child might be taken within the next 48 hours, contact the police. They can set up a “port alert” through the National Border Targeting Centre. This purpose of this alert is that it will notify all UK departure points to prevent your child from being taken out of the country.
- Keep Important Documents Safe: Make sure you have copies of your child’s birth certificate, any court orders, and other important documents in a safe place.
- Talk to Your Child’s School: If you’re worried, let your child’s school know. They can be alert to any unusual pickup attempts.
Remember, prevention is always better than trying to bring a child back after they’ve been taken.
What to Do If Your Child Has Already Been Taken
If your child has already been taken to another country without your permission, it’s crucial to act quickly. Here’s what you should do:
- Gather Information: Collect all important documents and information, including:
- Your child’s birth certificate
- Your marriage certificate (if applicable)
- Any court orders related to your child
- Your child’s passport details
- Photos of your child
- Details about the parent who took your child, including their family information
- Contact the Police: Report the abduction to the police immediately. They can involve Interpol to help locate your child internationally.
- Consult a Specialist Lawyer: It is important to find a lawyer who specialises in international child abduction cases, as they can guide you through the legal process and help you to understand your options.
- Check the Hague Convention: Find out if the country your child has been taken to is part of the Hague Convention on International Child Abduction. This international agreement can help with returning children who have been wrongfully taken to another country.
Contact the Relevant Authorities
- In the UK, contact the International Child Abduction and Contact Unit (ICACU)
- Contact the Central Authority in the country where your child has been taken
- Seek Help from the Foreign and Commonwealth Office (FCO): They can provide assistance with finding overseas lawyers, contacting foreign authorities, and help with translation services.
- Consider Mediation: In some cases, mediation might be possible to reach an agreement with the other parent for the return of your child.
Understanding the Hague Convention
The Hague Convention on the Civil Aspects of International Child Abduction is an international agreement that helps parents whose children have been abducted to another country. Here’s what you need to know:
- It applies to children under 16 years old
- It aims to return children to their country of habitual residence.
- It’s based on the principle that the courts in the child’s home country are best placed to make decisions about the child’s future.
- Not all countries are part of this convention. Check if the country your child has been taken to is a member.
What If You’ve Been Accused of Child Abduction?
If you’ve taken your child to another country and are now facing accusations of abduction, it’s crucial to seek legal advice immediately. Remember:
- Even if you’re the child’s parent, taking them abroad without proper permission can be considered abduction.
- The consequences can be serious, including criminal charges.
- A lawyer can help you understand your rights and options.
– In some cases, mediation might be possible to reach an agreement with the other parent.
The Impact on Children
It’s important to remember that international child abduction can have serious effects on children:
- It can be very distressing and confusing for them.
- They might feel torn between their parents.
- It can disrupt their education and social life.
- In some cases, it can affect their mental health and well-being.
Always consider what’s best for your child when making decisions about their future.
Getting Help
Dealing with international child abduction, whether you’re trying to prevent it or respond to it, is complex and stressful. Don’t try to handle it alone. Seek help from:
- Specialist family lawyers
- Support organizations like Reunite
- The police
- The relevant authorities in your country
Remember, the sooner you act, the better the chances of resolving the situation positively.
If you need help or advice about international child abduction, don’t hesitate to contact the firm of Adel Jibs & Co Solicitors. Reach out to us online or call us on 02034173859. We’re help to help you and your child.
