What Is Parental or Family Abduction in England and Wales?

Parental or family abduction, often referred to as ‘taking the child out of jurisdiction’ in legal circles, is a serious issue that affects families across England and Wales. This article aims to shed light on this complex topic, exploring its definition, causes and the legal recourse available to those affected.

What is parental and family abduction?

Parental child abduction occurs when a parent or family member takes a child away from their usual place of residence without the consent of the other parent or legal guardian, with parental responsibility . In England and Wales, this often involves taking the child to another country, which is why it’s sometimes described as taking the child out of jurisdiction.

It’s important to note that parental or family abduction differs significantly from other forms of child abduction. While non-family related abductions are typically carried out by strangers for nefarious purposes, parental abductions often stem from complex family dynamics and custody disputes.

Abduction vs kidnapping

While the terms ‘abduction’ and ‘kidnapping’ are sometimes used interchangeably, they have distinct legal meanings. Abduction, in the context of family law, refers to taking a child away from where they are meant to be, often in violation of a custody agreement or court order. Kidnapping, on the other hand, involves taking someone against their will, typically through force or deception, and is not limited to children.

Why does parental abduction occur?

Parental child abduction in the UK can happen for various reasons:

1. Custody disputes

A parent may take a child to another country to gain an advantage in a custody battle.

2. Fear of losing custody

If a parent believes they might lose custody, they might resort to abduction.

3. Domestic violence

In some cases, a parent might take a child to escape an abusive situation.

4. Cultural differences

In international marriages and co-parenting relationships, one parent might want to return to their home country with the child.

What to do if you’re concerned about potential abduction

If you have concerns or have received threats about a parent or relative potentially taking your child, it’s crucial to act quickly:

• Contact the police immediately if you believe there’s an imminent risk.
• Keep detailed records of any threats or suspicious behaviour.
• Inform your child’s school or nursery about your concerns.
• Consider seeking a Prohibited Steps Order from the court to prevent the child from being removed from the country.

How Goodwins Family Law can help

At Goodwins Family Law Solicitors, we have extensive experience dealing with cases of child abduction by family members. Our team of expert solicitors can provide comprehensive advice and support if you’re concerned about potential abduction or if your child has already been taken out of jurisdiction.

We understand the sensitivity and urgency of these situations. Our approach combines professional expertise with empathy, ensuring that we provide the best possible support during this challenging time. We can assist with:

1. Applying for necessary court orders to prevent abduction
2. Liaising with authorities if an abduction has occurred
3. Navigating the complexities of international family law
4. Representing you in court proceedings
5. Providing ongoing support and advice throughout the process

If you’re concerned about the potential for parental abduction or need advice on a current situation, don’t hesitate to contact Goodwins Family Law Solicitors. Our experienced team is here to provide the expert guidance and support you need to protect your child’s wellbeing and your parental rights.