Child Abduction and Parental Rights

Taking a child out of a country without the proper legal consent is known as child abduction. This is the case whether a child is taken out of the UK or sent out of the UK without the permission of the person who has Parental Responsibility for the child, or without the court’s permission. If a child leaves the UK for less than four weeks and does so by virtue of a person who has a residence order, this will not be unlawful.
The Criminal Offence
If a person removes a child under the age of 16 from the UK, this is a criminal offence under the Child Abduction Act 1984. Consent would be required from the mother, the father (as long as the father has parental responsibility), a person who has a residence order for the child, a person who is living with the child, a Guardian or special guardian.The parent who is seeking to take the child abroad should gain the consent of the other parent or the permission of the court. This applies whether or not the other parent has parental responsibility and has been established as ‘good practice’ in case law. If someone else has parental responsibility (apart from the parent who is seeking to take the child abroad), there will need to be either oral or written consent from these people.
If a child is subject to either a care order or Residence Order, the person or people with parental responsibility will have to provide their consent in writing. In the absence of obtaining this consent, it is possible to seek the court’s consent instead.
Staying Within The UK
If a child is going to live somewhere else within the UK, this does not require any consent from anyone else. This is, however, not the same as abducting a child to another part of the UK. If a child is abducted but stays within the UK, and that child is subject to a court order that was made in the UK, the court order remains enforceable. It should also be noted that a court has the power to require passports to be surrendered and, if necessary, for a child’s whereabouts to be disclosed.Fathers without Parental Responsibility
If the mother of a child is suspected of wanting to take the couple’s child to another part of the UK, the father can apply to the court for either a prohibited steps order and/or a residence order. If a residence order is granted to an unmarried father, he will automatically get parental responsibility.International law is on his side, and he may be able to force the return of the child to their place of residence. This is, however, dependent on the father being able to demonstrate that he had been in regular contact with the child.
What To Do If You Suspect Your Child Might Abducted
- Contact the police. They will ask you to make a statement.
- See a solicitor to find out whether you should seek a specific issue, residence or prohibited steps order. In other cases, you may be able to apply to the High Court to make the child a ‘ward of court’.
- Speak to Reunite, the international child abduction centre.
- Contact the passport agency and ask them not to allow a passport to be issued to the child, or ask them to get the passport surrendered (this will normally mean you need to produce a court order).
Re: Do I Have the Right to Know Where My Children Are?
I have been separated from the ex for 5 years now, I do get regular contact as I live around the…
Re: Should we Still Pay Maintenance?
Folks the age of an adult is not 18 it’s 20 do not get fooled by payments stopping at 16 or 18 , sometimes they will stop if…
Re: My Children Have Been Taken Into Care - What Are my Legal Rights?
My two children have been taken into care since October, 2021 and have not been…
Re: Should we Still Pay Maintenance?
My daughter is 17 nearly 18 going into her second year at college and works more than 12 hours a week in retail- do we…
Re: My Children Have Been Taken Into Care - What Are my Legal Rights?
Hi my three daughters was taking in the care by social worker the reason its I…
Re: Accessing Your Child's Medical Records: Your Rights
I tried to get medical notes i have pr and they took ages sw obviously found out asked y I'm asking…
Re: Should we Still Pay Maintenance?
My partners son left 6th form in April and is currently part time working. His ex is now saying because he does not…
Re: What Rights do I Have as a Grandparent?
My story is very long but I will try to summarize the question I intend to ask. I have a 15 year old son and I want…
Re: Should we Still Pay Maintenance?
Hi my daughter is 18 of April this year. Just finished college and now has a full time job. When does my maintenance stop ?…
Re: Should we Still Pay Maintenance?
Hi, my child is leaving school in July and is hoping to go into Army training. I understand that when my child passes out…