Child Abduction & Relocation (UK & International)

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Child Abduction & Relocation (UK & International)


Child Abduction and Relocation

Child Abduction

If a parent removes a child from the home or country of residence without the permission of the other parent or a Court Order, then this is regarded as a criminal offence in the UK.

A UK resident can take a child abroad for up to 28 days if there is a Residence Order in their favour or Child Arrangements Order when the resident is named as the person with whom the child is to live.

If a child is removed to another country without permission or Court Order then that other country can order the child to be returned PROVIDED that the other country subscribed to the Hague Convention on Child Abduction.

Ginnie Lambert and Derek Parsons and Emma Bailey have experience in International Child abduction cases and are listed on the Reunite directory.  Derek Parsons is an accredited expert in this field with many high profile cases.

We also recommend these useful websites which may provide additional information and assistance in this field.

Reunite
This is a charity which deals in child abduction and contains much useful information and access to advice via telephone or email.

Official Solicitor website
The Official Solicitor’s website contains guidance on procedures and links to Solicitors specialising in this area.  Access Law are on the accredited Solicitors referral list, see: Accredited Child Abduction Solicitors.

The list of countries which subscribe to the Hague Convention (and EU Convention) is available here.

Reunite also have links for many countries, see: Reunite Useful Links

In this section you will find links to other charities, government departments, and organisations that offer advice, information and support on a wide range of subjects.

Relocation

International Relocation

It is an almost inevitable consequence that when, or after, parental relationships in an international family break down, one parent may wish to relocate.

Any parent seeking to relocate with the children must be very clear in their proposals if they are to satisfy the court that the move is in the best interests of the children. There are certain key features every court would wish to see.

Your reasons for wanting to relocate:

  • Where you propose to live (including full information of the amenities and maps of the area)
  • How the move is to be funded
  • Information about what the area has to offer the child e.g. nurseries/school, after school and sports
    clubs, medical facilities etc.
  • How far you will be from your support network of friends and/or family members
  • Full details of your proposed employment, working hours, who will look after the child and take to/from nursery/school
  • Impact of changes in language and culture on the child
  • Full information of schools, whether a place will be available, what fees and continuity or interruption with existing education
  • Proposals for contact between the child and the other parents – and who will pay for it
  • The effect on you, emotionally, physically and financially of a refusal to relocate.

In the case S (a child) 2015 EWHC 3288 (Fam) Access Law successfully represented a mother in her application to permanently remove her child to a non Hague country http://www.bailii.org/ew/cases/EWFC/HCJ/2015/86.html.

 

Internal Relocation

The Case of Re: C late in 2015 clarified the approach to internal relocation which means the court will consider the best interests of the children as being paramount, just as in international relocation.

Re: C involved a move from London to Cumbria which to some parents may just as well be abroad. logistics of contact and the affect on the relationship between the left behind parent and the child may be changed forever.

The aim of the courts in all relocation applications is to determine whether the move can be done in a way which is compatible with the child’s welfare, especially in terms of maintaining the child’s relationship with the non-moving parent. The aim of the courts in all relocation applications is to determine whether the move can be done in a way which is compatible with the child’s welfare, especially in terms of maintaining the child’s relationship with the non-moving parent.

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Access Law

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