What is International Parental Child Abduction?

“International Parental Child Abduction” is when one parent takes or retains their child, without the consent of the other parent, to live with them in another country. A parent may simply leave the country with the child (known as “wrongful removal”), or the parent can go with the other parent’s consent but not then return as agreed, for example on a holiday (known as “wrongful retention”).

In every case of child abduction, early advice is crucial.

The 1980 Hague Convention on Civil Aspects of International Child Abduction

The 1980 Hague Convention on Civil Aspects of International Child Abduction (“The 1980 Convention”) is an international convention, which 103 countries across the world have adopted (“Hague country”). The purpose of the 1980 Hague Convention is to ensure effective cooperation so that abducted children are returned to their home country as quickly as possible.

What should I do if my child has been taken by the other parent?

Step One – Get some advice

The first thing to do is get some legal advice about your situation. If your child has been wrongfully retained or removed, and the country they are retained in or have been removed to is a Hague country then you can apply for your child to be returned to the country where they normally live. Speak to a lawyer in your country about what you need to do next.

Step Two – Contact the other parent

If you have contact details of the other parent, the next step is to request the child is returned home within a set timeframe. It is important that these communications are clear and are set out in writing such that they can be referred to. Ideally, seek guidance from a solicitor in your home country on what to say.

Step Three – Apply to the Central Authority for return

If the parent who has removed the child to another country or retained the child refuses to respond to you or declines to return, you will need to apply for the return of your child. To apply for return of a child, you need to apply through the Central Authority of the place where the child ordinarily resides. Each country signed up to the 1980 Convention has a Central Authority. The Central Authority sends and receives applications on behalf of the parent who has been left behind and is seeking return of the child.

If your child has been abducted, you, or your solicitor, should apply to your country’s Central Authority for the return of the child. The Central Authority of your county will send the application for return to the Central Authority in the country your child has been taken or is being retained.

Step Four – which country decides whether my child should be returned?

The Central Authority of the country where your child has been taken or retained will instruct a specialist lawyer for you. The lawyer can raise an application seeking your child’s return in the relevant Court in the place where your child has been taken or retained. That Court will then determine the question of your child’s return. There are limited bases to defend an application for the return of a child taken to another country or retained there without the other parent’s consent.

If your child has been taken to a non-Hague country, what you can or should do largely depends on the country your child has been taken to. Some non-Hague countries have an agreement on how children who have been retained or removed should be treated legally. For non-Hague countries, the sensible first step is to seek advice from a solicitor in the country where your child has been taken or is being retained.

What to do if your child has been abducted

• Seek early advice and useful resources. Reunite provides helpful information for both the parent who has been left behind and the parent who has taken the child. It is crucial to seek legal advice early on if you have any concerns that your child may be abducted, or if you have wrongfully retained a child.
• Think before acting These situations are extremely difficult for families and require urgent attention but acting quickly without consideration or advice can also cause harm. Consider the potential defences for return. Don’t consent or acquiesce to your child being retained in another country unless you mean it and think carefully about what you put down in writing – be clear in your communications with the other parent.  There are ways for parents to have conversations about the future of their child which allows both to speak freely to one another.  Specific guidance should be sought on how best to go about having these conversations.

Please contact our expert team if you would like further advice. 

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