What is Abduction?

Child abduction by a parent is rare, but stories have appeared in the news more regularly in recent times. The increase in travel availability, better links with foreign countries and introduction of low cost airlines means that cases where one parent takes a child on holiday and is pursued by the other parent on abduction charges are more common. To avoid any illegal activity and ensure you can relax and enjoy holidays with your child, make sure you understand the law surrounding abduction.

What Does Abduction Mean?

According to the Child Abduction Act 1984:

“…a person connected with a child under the age of 16 commits an offence if he takes or sends a child outside of the United Kingdom without the appropriate consent.”

This means that any situations in which you leave the UK with your child without official consent can be classed as abduction. The amount of consent needed will depend on your circumstances. Your right to take your child abroad will depend on the access you are granted, too.

Can a Child be Abducted Within the UK?

Although the legal systems of the countries within the UK are distinctly different, all matters involving child movement are governed by the same laws. If you move your child within the UK, it cannot be classed as abduction, as long as you have Parental Responsibility. If you decide to move within the UK, the mother can seek for the return of the child through court proceedings.

Fathers with Parental Responsibility

If you have parental responsibility, you have the right to take your child on holiday. It is highly advisable that you seek the agreement of the mother before taking your trip, as it can be classed as abduction if all people with parental responsibility have not given consent. Taking your child out of the country without letting the mother know will also reflect badly on you in future legal proceedings, while aggravating the relationship between you and your child’s mother. If the mother is unavailable to give consent, or if consent is being ‘unreasonably withheld’, then consent does not need to be given.

If you take your child abroad without consent, and the mother wants you to return the child, the chances are you will have do so immediately. The Hague Convention is a group of member countries that allows a person with parental responsibility to apply for a court order for a child’s return. The UK is a member and this allows parents to obtain court orders in many countries.

What if You Don’t Have Parental Responsibility?

If you have not got parental responsibility, you have no right to take the child abroad at all. It can be classed as abduction as soon as you begin travelling with your child and you may face criminal prosecution. If your relationship with the mother is good, and you want to take your child out of the UK, you must be granted permission to do so. Failure to obtain consent is a quick way to upset the mother, which in turn may well cause your child distress, and in the long run may well not be worth it.

Applying to Move Abroad Permanently?

If your aim is to move permanently with your child to a foreign country, and the mother does not agree with the move, you will find many obstacles in your way. To be granted a move you must prove to a court that you have a reasonable and realistic plan which has the best interests of your child’s welfare at heart. Obviously, if your plan involves taking your child to a country where contact with the mother will be limited, the child’s welfare will be called into question.

The law will always try to consider the child’s feeling in these situations, depending on age and understanding. Children over the age of 11 will normally have a deciding say in the relocation, while if a teenager expresses a wish to remain in the UK, it is very rare that a court will demand that they leave with the parent.