National Policing Improvement Agency
Relationship breakdowns sometimes leadto a child being taken abroad by one of their parents without the other parent’sconsent. Parental child abduction andresidence disputes can cause distress toeveryone involved. The legal position canalso be complicated, depending on whathas happened and who has legal custody.In certain circumstances, it may actuallybe a criminal offence if your partner orex-partner has taken your child abroadwithout your consent.
Generally, child abduction is when a persontakes or sends a child (under 16 years old) outof the UK without the appropriate consent.Appropriate consent is normally thepermission of those with parentalresponsibility or the permission of the court (if there is a Court Order in place, for example).
This is still the case, even if the personwho has taken the child out of the UK isone of their parents.
However, there are a few exceptions. Forexample, a mother can take a child out of theUK without the father’s permission if thefather does not have parental responsibility.As another example, a child may be takenoutside the UK without the consent of theother parent if they are in possession of acertain type of Court Order. With some typesof court order, a child may be taken onholiday for up to a month, without thepermission of the other parent or the court, if the parent has a Residence Order.
Parental Responsibility
The mother of a child obtains parentalresponsibility automatically. A father, who ismarried to the mother at the time of the birth,also automatically obtains parentalresponsibility. A father who is unmarried atthe time of the birth does not obtain parentalresponsibility unless his name was recordedon the birth certificate at the time of registration (after 2003). Prior to 2003, anunmarried father did not obtain parentalresponsibility unless by way of a ParentalResponsibility Order or a ParentalResponsibility Agreement. Since theintroduction of the Adoption and Children Act2002, unmarried fathers and step-parents cannow obtain parental responsibility by way of consent or a Court Order. The Civil PartnershipAct 2005 allows the childless partner (wheresame sex partners have children) to obtainparental responsibility in the same way asstep-parents and unmarried fathers.
Parental Abduction
There are three broad categories of childabduction:
•
Abduction – where a child is takenoverseas without the other parent’sconsent; this may be a criminal offenceunder UK law, under section 1 of the ChildAbduction Act 1984, punishable by up toseven years imprisonment
•
Wrongful retention – where a child hasbeen retained in a foreign countryfollowing an overseas trip; this may alsobe a criminal offence under UK law
•
Threat of abduction – where there is a riskthat a child may be taken overseas.If you think that your child has been takenoverseas without your consent or if you feartat your child will be abducted, it is importantthat you take immediate action.
Has someone you know gone missing?
International Parental Child Abduction
Factsheet 8
UK Missing Persons Bureau
What to do if you believe your childhas been abducted
Contact the police immediately
Provide the police with as much informationas you can. Try to provide information on thefollowing:
•
The full name of your child, theirdescription and nationality – provide aphotograph
•
Why you think your child may have beenabducted
•
The day, date, time and location of theabduction
•
The name and details of the person theywere with when they were abducted
•
Where you think your child may be nowand where you think they may be taken
•
Details of the person you think may havetaken your child or may be with yourchild now, including their full name,description and nationality if you knowthis information
•
What links the person who has takenyour child has to other places in the UKor other countries
•
Details of any vehicle owned or used bythe person you think may have takenyour child
•
Details of any previous threats to takeyour child and any previous abductions orattempted abductions
•
Whether your child has their ownpassport and whether it is a UK or foreignpassport. Provide the passport number,date and place of issue, if known
•
Whether the child has dual nationality (sohas more than one passport)
•
What the situation is in relation tocustody of your child, including anycustody proceedings or Court Orders andyour current marital status
•
Copies of your child’s birth certificate andany other agreements or Court Orderswhich apply to the child
•
Any other information you think mighthelp the police find your child.If it is not too late, the police may be able totake some measures to stop your child frombeing taken out of the country. If your childhas already been taken outside the UK, thepolice may be able to work with Interpol andpolice forces in other countries to find yourchild.
Contact Reunite
If your child has been abducted by their otherparent, you should also contact Reunite. Thischarity specialises in providing help, adviceand support to people affected by internationalparental child abduction. You can speak tosomeone from Reunite by contacting theiradvice line on
01162 556 234
or by email at
reunite@dircon.co.uk
. There is a lot of helpful information on their websitewww.reunite.org, including frequently askedquestions about international parental childabduction. The website has a library of documents which you may find useful, as wellas links to groups and organisations from anumber of different countries that may be ableto assist you. Reunite also offer a specialistmediation service.
Contact a lawyer
In some cases it may be necessary to get aHigh Court Order to prevent your child frombeing taken out of the country. You shouldconsult a suitably qualified lawyer as soon aspossible. The charity Reunite will be able toprovide you with advice and, if necessary,details of qualified lawyers.
Contact the Child Abduction Section atthe Foreign and Commonwealth Office(FCO)
The FCO can provide you with moreinformation about what you can do if you thinkyour child has been abducted. You can contactthem on
020 7008 0878
(or out of officehours on
020 7008 1500
). More informationcan be obtained from the FCO website andtheir useful guide on parental child abduction.
FCO website:
www.fco.gov.uk/en/travel-and-living-abroad/when-things-go-wrong/child-abduction
FCO International Parental ChildAbduction Guide:
www.fco.gov.uk/resources/en/pdf/2855621/3069110
Get information from the InternationalChild Abduction and Contact Unit (ICACU)
More information on parental child abductioncan also be obtained from the ICACU. TheICACU website contains a lot of usefulinformation, including details of what action totake when a child is abducted and a childabduction checklist.You can contact the ICACU on
020 79117045/7047
or email them
enquiries@offsol.gsi.gov.ukAction to take when a child is abducted
www.officialsolicitor.gov.uk/os/icacu_action.htm
Child Abduction Checklist
www.officalsolicitor.gov.uk/os/icacu_checklist.htm
What to do if you think your child isat risk of being abducted
Contact the police
If you think that your child is at risk of beingabducted by your partner or ex-partner, youshould contact the police and explain why. Tellthe police about any threats made or anyprevious attempts to abduct your child. Insome circumstances, the police may be able toassist you, for example by taking certainmeasures to ensure that the child is not takenout of the country. The police would need tobe assured that there is a real and imminentrisk of your child being abducted.
Contact Reunite
Reunite can provide you with advice andinformation on what to do if you think thatyour child is at risk of being abducted. You canspeak to someone from Reunite by contactingtheir advice line on
01162 556 234
orcontact them by email
reunite@dircon.co.uk
.
There is a lot of useful information on their website atwww.reunite.org, including guides on what todo to prevent your child from being abducted.
Contact a lawyer
If you are not sure about the legal position inrelation to your child and think that you mightneed to get a custody order or preventativecourt order to stop your child being taken outof the country, you should contact a suitablyqualified family lawyer. The charity Reunitewill be able to provide you with advice anddetails of qualified lawyers if required.
Contact the Identity and Passport Service
In some cases, the UK Identity and PassportService (IPS) may be able to prevent yourpartner or ex-partner obtaining a passport foryour child without your consent. Normally, theIPS will issue a passport for a child if theapplication is made by either parent, or aperson with parental responsibility for thatchild. If you have (or can get) a court orderthat forbids the issue of a passport withoutyour consent, or the consent of the court, youshould let the IPS know. The IPS will then notissue a passport for your child for anyone butyou.For more details or to ask the IPS not to issuea passport for your child, contact the IPSAdvice Line on
0300 222 0000
or find outmore:
www.direct.gov.uk/en/TravelAndTransport/Passports/Applyingforaneworrenewedchildpassport/index.htm
If the other parent of your child is not British,they may be able to get a passport for thechild from their own country. You can write orget your lawyer to write to the relevantEmbassy, High Commission or Consulate,asking them not to issue a passport for yourchild, but they do not have to follow yourinstructions. More information on this can beobtained from Reunite or the FCO as above.
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