02/06/23
Are you considering appealing a Court Order made in the Family Court?
If you're considering appealing a Family Court Order, it's important to understand...
Read ArticleDivorce & Family Law
International child abduction is a devastating and worrisome experience.
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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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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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In order for the police and Court to see the transfer of the child as an international child abduction, several things must be established.
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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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.
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.
This could include:
Take action quickly by contacting the local authorities if you believe the child is being or has been abducted. Do not wait.
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.
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.
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.
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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