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Divorce & Family Law

International Child Abduction

International child abduction is a devastating and worrisome experience.

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Legal 500
Leading Firm 2024

International child abduction is a devastating and worrisome experience. By definition, it occurs when one parent takes a child to a foreign country without the Court’s permission or the other parent’s permission. It may also apply if that parent fails to return the child from foreign travel at the agreed-upon time.

At Austin Kemp, our solicitors work closely with parents to ensure they receive comprehensive legal support and guidance when facing legal situations like this.

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What to Do If Your Child Is Abducted by a Foreign Parent

The first step is nearly always to report what’s occurred to the local police. You might ask them to issue a Port Alert for the child if the child was taken abroad without the consent of the responsible parent. The Port Alert will trigger the National Border Targeting Centre to alert all departure points of what’s occurred, with the goal of preventing abduction.

We highly encourage you to reach out to obtain legal support immediately. Our international child abduction solicitors will work quickly with you to ensure you have every legal aide and support possible during this time.

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Is It Abduction?

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In order for the police and Court to see the transfer of the child as an international child abduction, several things must be established.

  • The child is under the age of 16
  • The child was abducted from the country where they typically reside or is being retained in another country wrongfully
  • The abduction is a breach of the other parent’s right of custody
  • The child was a habitually resident in the country they were abducted from

How Can Austin Kemp’s Divorce Solicitors Help You?

If the conditions of international child abduction are met, the left-behind parent can take legal action by contacting Austin Kemp. Your lawyer will then take urgent child abduction proceedings with the goal of preventing the abduction from occurring (if the child has not left the country) or starting the legal process of returning the child.

Your international child abduction solicitor will begin the legal action necessary in the country where the child is, based on the laws and requirements in that area.

With the help of a legal team, it may be possible to quickly ensure a child is returned. Most often, these cases move quickly, and once the application is issued, it could be only a matter of weeks before the Court determines if the child should return.

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The Hague Convention and International Child Abduction

Key to success is often understanding the rights of each parent as well as the laws surrounding international child abduction. This falls under the Hague Convention on the Civil Aspects of International Child Abduction (“The Hague Convention”). This law is a multilateral treaty. It puts in place the goal of returning a child abducted to their home country as quickly as possible. More than 100 contacting states are signatories to the Hague Convention, meaning that most often if the child is taken to a country covered by the Convention, there are steps in place to expedite their return.

The Hague Convention creates a framework or step-by-step process where countries can work together to help resolve international abduction cases like this quickly.

How to Protect Your Children from Abduction by a Foreign Parent

No parent wants to think of such a thing occurring to their child. Yet it can be a risk in situations where there are hostilities between parents.

As a parent, there may be several things you can do to prevent abduction from occurring in the first place.

Know the warning signs.

This could include:

  • Sudden changes in the other person’s life, like losing a job
  • The other parent’s sale of a home, especially if hidden, or the purchase of a new home overseas
  • Preparations for moving that seem obvious
  • Conversations about leaving the country
  • Threats of taking the child
  • The child communicating any discussion about leaving the country with the other parent
  • Hiding money that could indicate they are planning to leave

Take action.

Take action quickly by contacting the local authorities if you believe the child is being or has been abducted. Do not wait.

Establish the Court’s help.

While some parents may want to try to talk to or work with the other parent as a way to convince them to bring the child back, it is best to take legal action swiftly, such as obtaining a Port Alert. This could help prevent the child from leaving the country.

Get legal support immediately.

Work closely with a solicitor with experience in international child abduction. Even if this has not occurred yet, but you are concerned that it will, it is critical to reach out for guidance on what your rights and requirements are.

Contact the foreign embassy or consulate.

If you know where the child is, or you believe that you do, it may be beneficial to contact the foreign embassy or consulate to provide more information to them about what’s occurred.

Also, note that your child may have dual nationality in that country. For example, if the other parent holds foreign nationality in the other country, their child may also hold that right. This could make it easy for the parent to obtain a passport for that child from the other country.

Seek Out Comprehensive Legal Support from Austin Kemp

Austin Kemp provides a wide range of legal resources and support for parents and those going through a divorce. While we aim to encourage a fair divorce settlement, that is not always in the best interest of the child. Allow our legal team to help you with every aspect of the process of filing for divorce, including financial orders and property ownership changes.

Speak to an international child abduction lawyer immediately at Austin Kemp. Allow our dedicated and highly experienced professionals to provide you with the guidance you need in this very difficult time. Contact the local authorities and then contact us for immediate help.

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First Class Service

Choose Austin Kemp and you'll get a premium service in all areas. We aren't the cheapest out there, but what we are is the best solution to help you get what you deserve.

Impeccable Advice

Our advice and strategy is second to none. Not all law firms are created equal. Because we're specialists, our depth of knowledge is often the edge that makes the difference.

Challenging Thinking

We work with you to get what you deserve. We don't mean that it's going to be easy – but we're here to support you every part of the journey.

Industry Leading Professionals

We have A-players at every level. We employ the best of the best, and that's why our clients choose us. Because getting the right solicitor can mean your future takes a different path.

The Right Fit

We'll make sure you have a solicitor that fits your case type. If you want a certain approach to your case – we'll make sure your solicitor has the right style for you.

Empathy

We know that getting a divorce divides your world into two. We're here to guide you through the uncertainty and emotional rollercoaster. One step at a time.

Talk to us now on 0333 311 0925

Request a Callback Live Chat

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