Child abduction in the UK is a complicated part of the law in the United Kingdom, and it can span different forms of law, including family and criminal law. In some cases, international family law may also be relevant to a child abduction case. Thus, there are different types of abduction, which can involve specific parts of the law. This article explains what child abduction is and highlights why it is crucial to seek appropriate legal counsel in such cases.
Understanding Child Abduction in the UK
Child abduction is when a child (under the age of 16) is removed from one of their parents (or legal guardian) without that parent’s (or legal guardian’s) consent. Removal, in this case, can mean being taken away from the other parent (or legal guardian) within the UK or outside of it. The case will be handled under family law if it occurs within the United Kingdom. However, it can become a criminal offence if the removal is from the country.
It is also a case of child abduction if one of the parents accompanies the child outside of the UK or sends them without their presence. In some cases, the parent will also need to seek
Therefore, any person or body that has some form of parental responsibility for a child must be informed and must consent to the removal of the child from within or outside of the UK to not be considered a child abduction case.
These laws are applicable to even small visits outside of the UK. Therefore, school trips and holiday visits can also be considered child abduction if the other parent or court is not informed about the visit outside of the UK. The other parent can place a case of abduction, and the parent abducting the child can face penalties as per family and criminal law.
There are instances in which a case will not be considered child abduction.
- A parent or legal guardian has a child arrangements order that explains that the child lives with them. So, if the parent has sole custody of the child, then the other parent cannot make a case of abduction.
- A parent or legal guardian possesses an order from the court that gives them permission to remove the child from the United Kingdom.
Final Thoughts
If you suspect that you will face or are currently facing a case of child abduction in the UK regarding your child, you should seek legal counsel right away. Unless you have no custody over your child, it is your right to also be a part of decisions regarding their well-being and future. Therefore, a legal team can help guide you on what to do and create a plan to help defend your rights and your child’s rights.
