Summer Holidays And The Risks Of International Child Abduction
The summer holidays are almost upon us and with the break comes plenty of time off spent with loved ones and possibly the excitement of counting down until a much-needed holiday. However, this period can be a stressful time for separated parents. This is particularly so if one parent takes the child on an overseas holiday and the parent who remains at home fears that the other parent may refuse to return the child.
If a parent is taking a child abroad, they must obtain consent from anyone else with parental responsibility for the child. This is the case unless there is a Child Arrangements Order in place confirming that the child lives with them, whereby the child can be taken abroad for up to 28 days without the other parent’s permission.
The parent who remains at home may fear that the other parent is asking to take the children away on a summer holiday as a disguise of their true intention to stay in the country permanently. This can be a real and imminent risk where the parent is known to have family ties, a new partner, a new job opportunity or other connections with the country they propose to visit.
If you consider there to be a real and imminent risk, then urgent advice is required to discuss the necessary next steps in your case. Given the seriousness of child abduction, it may be that an urgent Court application is required.
Similarly, if a parent takes a child abroad and fails to return by the date which was agreed either between the parties or ordered by the Court, this could constitute a ‘wrongful retention’ and steps will need to be taken swiftly to seek to return the child to their home country.
The United Kingdom is a party to the 1980 Hague Convention, an international treaty which governs the return of children under the age of 16 who are wrongfully removed from or wrongful retention from their home country. Countries which are signatories to the convention will generally order the return of an abducted child to the country where they are habitually resident, although there are limited exceptions. A parent residing in England & Wales seeking the return of a child from a non-Hague Convention state can face further difficulties and again, urgent advice is required.
If you have any concerns in relation to a proposed holiday by the other parent, it is important that you seek expert legal advice as soon as possible.
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