The author sets out the steps that parents, if they are separated from their former partners, should take to avoid a child being abducted by the other.

Child abduction by a separated parent happens more often, it seems, than a casual observer might think. The author of this article, Charlotte Baker (pictured), a barrister at 4PB, considers the seriousness of the topic, the risks that exist and the particular heightened dangers during periods such as the recent summer holiday period. 

Children are abducted across all income and wealth groups, and that includes those in the HNW bracket – hence the relevance of this article for our readers. According to The International Society for Prevention of Parental Child Abduction (ISPPCA), parental child abduction is a global problem. In England and Wales, between 2002 to 2023, 1,122 cases were shown. The organsation said these statistics are "just the tip of the iceberg."

The editors thank Baker for her views and insights on this important topic; the usual editorial disclaimers apply to views of guest writers. To comment, please email tom.burroughes@wealthbriefing.com and amanda.cheesley@clearPiewpublishing.com

Summer holidays are full of fun for many families; but if you are a separated parent, that fun might be tempered by the stress of worrying about whether your child will come home after a holiday abroad with the other parent. These days, many families are spread across many countries or have spent time living (together or separately) in different places. 

International child abduction is a well-recognised phenomenon that covers a wide range of situations where one parent removes or retains a child in a country which is not their home. The different remedies available depend on a variety of issues, including:

-- The countries involved, and whether they are part of the 1980 Hague Convention, which is an international treaty designed to deal with cases of parental child abduction, or not; 
-- The rights and responsibilities you have in relation to the child, including whether you have parental responsibility; 
-- The age of the child and their views on everything; and 
-- The factual background, and whether there are any allegations of harm.

If a child has been removed or retained
The first thing you need to do is consult a specialist lawyer. These cases are legally complex, and it is important that you receive specialist advice from the outset. The International Academy of Family Lawyers is probably a good place to start if you are trying to find a specialist.

It is important that you take advice urgently and as soon as you suspect there is a problem. If the other parent has told you that they are not coming back, try to speak to a lawyer before you send any angry messages, or involve the police. What you do in the immediate aftermath of finding out that your child has been retained might be more important than you might think.

One of the reasons you might need to take advice really urgently and be extremely careful about what you do is if you are worried about a risk of onward abduction – that means removing the child from the country they have been retained in during their holiday (e.g. France) where it might be relatively easy to secure their return because France is part of the 1980 Hague Convention, and taking them onto another country (e.g. China) which is not signed up to any international treaties and so might be more difficult. 

When you first speak to a lawyer, they will usually want to talk to you about the following:

-- What the agreement was, and how the other parent has gone beyond it. 

-- Where the child is habitually resident – for some children the answer is straightforward – they will have an obvious home and place where they go to school. For others it might be more complex, especially if they are young and have moved frequently across different jurisdictions. You will need to be able to talk to the lawyer about the child’s life including education, family, medical treatment, friends and other matters in order for the lawyer to give you some advice on that.

-- What rights you have in relation to the child (e.g. were you married at the time of the child’s birth? Are you named on a British birth certificate?)

-- What are you worried about? Is there any concern about the child’s safety in the other parent’s care? Are you worried that they might take the child somewhere else?

-- Have there been any previous proceedings? Either in England or elsewhere?

If the child is in a country that is part of the 1980 Hague Convention, the lawyer’s advice will probably be to make an application to that country for the child’s summary return. Those applications are supposed to be dealt with in six weeks but often take longer. Unlike most children cases, they are not decided according to what is in the best interests of the child, because the whole treaty is designed on the basis that the welfare question (i.e. the question of what is in the child’s best interests) is best answered by the child’s home court. The 1980 Hague Convention is supposed to be a quick process whereby the child’s return must be ordered if certain criteria are met, unless an exception is made out. Those exceptions are strictly limited, and the most common ones involve either a child’s objection to returning (if they are old enough and mature enough), or a decision that the child will face a grave risk of harm if returned.

If the child is in a different type of country, i.e. one that is not part of the 1980 Hague Convention, the process is likely to be more complicated. You will probably need to speak to lawyers in both jurisdictions to work out the best way to return the child. It might be that you can seek an order in England which, although not technically enforceable in the other country, might be capable of being recognised or otherwise persuasive. If that is not possible, it might be better to go straight to the court of the country in which the child is being retained.

Prevention is better than cure
If you are worried that someone will remove the child without your consent or retain them in another country, it is sensible to get advice before they travel.

If you are worried about retention during an agreed holiday, then it is a good idea to ensure that there is clarity about what is going on before any travel happens. If you already have a court order in place, that might define expectations about holidays and put limits on the length of time one person can travel for. If not, then it is a good idea to have a clear written agreement setting out the dates of the holiday, and in any event, to make sure you get copies of return travel documents before they go. If you become aware that the travelling parent has an intention to go beyond that agreement and retain the child, you might need to stop them travelling full-stop – and that is likely to require some involvement with the court.

If you are worried that the other parent is going to leave without telling you first, you might want to apply to the court for orders preventing them from doing so, and/or ensure that the passports are somewhere safe. You can also seek for port alerts to be put in place, so that they are stopped at the border. 

About the author
Charlotte Baker has particular expertise in complex children disputes – including cases in the High Court on issues such as child abduction, FGM and surrogacy – as well as cases involving serious allegations of domestic and sexual abuse. She is also highly experienced in acting in internal and international relocation cases where she often deals with complex factual backgrounds. Her clients include several charities and NGOs, for whom she acts as an intervener. Baker sits on the Child Abduction Lawyers Association Committee and is a member of the Centre for Women's Justice legal reference panel. She is admitted to practise in England and Wales.