Complexities of International Child Abduction
There are various complex treaties and laws that will apply in different abduction situations, depending on which country your child normally lives (i.e. is ‘habitually resident’), and the country to where they have been moved or abducted.
The changes brought about by Brexit may also affect this area of law, where the other country involved is an EU member state (excluding Denmark), and some legal options currently in place may cease to apply following the end of the transition period.
Legal Advice on Child Abduction
It is crucial to seek legal advice if you are concerned that your child may be abducted or you consider yourself removing your child from the jurisdiction of England and Wales whether on permanent or temporary basis (with or without the other parent’s consent).
The key international treaty in respect of child abduction law is known as the ‘Hague Convention 1980’. Member countries include Australia and the United States of America. Not all countries are members, however, and if your child has been abducted to a ‘non-Hague Convention’ country, then the legal procedures involved in securing their return are likely to be more complicated.
It is vital that expert legal advice from a child abduction solicitor is sought at the earliest possible stage.