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What is Abduction?

By: Abigail Taylor - Updated: 6 Aug 2017 | comments*Discuss
 
Abduction Parents Children Parental

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 without wondering what court action will be waiting for you on your return or risking arrest, 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. There are two separate offences: one of removal, and one of keeping, according to the case of Foster v DPP [2005].

You are 'a person connected with a child' if you are their parent, guardian, or have a residence or contact order in respect of that child.

The 'appropriate consent' means the consent of the child's mother, father (if he has parental responsibility), guardian and any person who has a residence order or custody of the child. The amount of consent needed will depend upon your circumstances. Your right to take your child abroad will depend on the access you are granted too.

You do not however need any person's consent to remove a child under 16 from the United Kingdom for up to one month if you have a sole residence order in favour of the child.

It is however always best to discuss your plans with your former partner even if you do not need their consent. If they removed your children from the UK, even if it was just for a holiday, what would you think? Would you panic that they were gone forever? They do not have to agree to your plans, or even like them, but they are less likely to start misguided, but time-consuming court proceedings in the short time you are away if they know when you are going, and where. If you are able, you could even ask your children to keep in touch with their other parent whilst you are away (eg via a short telephone call or via skype or email).

"'Abduction' is a legal fiction because a parent cannot 'abduct' their own child. Although lawyers are keen to say that 'no law is gender bias' all too often the courts are willing to recognise this legal fiction when it applies to fathers and not so keen when mothers are the guilty party."

As detailed above, a parent can legally abduct their own child. It is true that it is not an offence for a mother to remove a child from the country without the consent of a father without parental responsibility. The same applies in reverse, though it is less common for mothers not to have parental responsibility as their name is automatically put on the child's birth certificate. Case law shows that it is however more common for women to commit child abduction than men, and the courts take a very hard line in these cases.

Can a Child be Abducted Within the UK?

Although the legal systems of some countries within the UK are distinctly different, (eg Scotland has different laws to England and Wales), 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. However if you decide to move within the UK, the other parent can still seek the return of your child through court proceedings.

In order to prevent the hassle of court proceedings, and potentially having to move back somewhere after a recent relocation, it is always best to notify your former partner of your intent to move. If they do not want you to move, they can instigate court proceedings in the form of a Prohibited Steps Order under section 8 of the Children Act 1989 to attempt to prevent this. Of course these court proceedings would still be a hassle, but surely it is better to deal with any potential problem before you move, rather than move and risk being told that you have to move back.

"Would like to know where I stand on my rights? My ex partner and mother of our 4yr old son has started a new relationship and is thinking of moving them down to Wales from Eastbourne, England. I'm against this as it would ruin the relationship between my son and I, please help."

If one partner moves with a child elsewhere in the UK, you can obtain their return if this results in a breach of any contact order. Under Part 1 of the Family Law Act 1986, a contact order is enforceable in any part of the United Kingdom once registered with the court (despite Scottish courts having a different legal system).

If you do not have a contact order in place, you can apply for one from the courts. Alternatively, if you already have parental responsibility, you can apply for a Prohibited Steps Order under Section 8 of the Children Act 1989. (You need to fill in form C100 (you can get a copy at here and pay a £200 court fee to apply).

Fathers with Parental Responsibility

Even if you both have parental responsibility, you have the right to take your child on holiday.

"I have split from ex whom I share 2 kids with, (2&4 years old). We weren't married but I have parental responsibility and want to take my 4 year old on holiday to Spain to see my parents. My ex doesn't like my parents and is refusing to give me consent to take my daughter. Is this reasonable grounds and do I have any rights?"

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 this consent does not need to be given.

You will not commit an offence under the Child Abduction Act 1984 if you remove the child:

  • a) In the belief that the other person has consented, or would consent if they were aware of all the relevant circumstances.
  • b) Having taken all reasonable steps to communicate with the other person but have been unable to communicate.
  • c) Following the other person unreasonably withholding consent.
If your former partner refuses to consent, you may take you child abroad on holiday. However ensure that you have proof to support one of the above defences (for example a copy of a letter sent by recorded delivery to your former partner informing them of the holiday, including when you go away, when you get back, and where you are going).

What if You Don't Have Parental Responsibility?

If you have not got parental responsibility, you have no right to take your 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. There are a number of offences you can be charged with, including child abduction, kidnapping and false imprisonment.

If your relationship with your former partner is good and you still want to take your child out of the UK, you must be granted permission by them to do so. Failure to obtain consent is a quick way to upset your former partner, which in turn may well cause your child distress.

The UK has signed both The Hague Convention on Civil Aspects of International Child Abduction 1980 and the European Convention on the Recognition and Enforcement of Decisions Concerning Custody of Children. These Acts allow signatory countries to take action to assist each other in returning children to their home country. They have had great success to date, finding and returning children abducted abroad in average in 11.5 weeks.

Applying to Move Abroad Permanently?

If your aim is to move permanently with your child to a foreign country and your other partner does not agree with the move, you will find some 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.

If wish to take your child abroad, either for a holiday or to live abroad, make sure that you keep the other parent informed. It is far better to work with the courts than against them, and being arrested abroad is never fun, even if you are later released without charge!

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I'm a dad from Northern Ireland I took my daughter to Dublin for a day trip within the time of the contact order I'm not married but I am on the birth certificate.
Mikey740 - 6-Aug-17 @ 11:01 PM
LondonDad - Your Question:
My partner of nearly 9 years has informed me she intends to move to Scotland with my 6 year old son (who I have been there in his life since the moment he was born, my name is also on the birth certificate) to care for her aging mother and to make a fresh start. She has asked me to come but it hasn't been discussed and agreed by both of us. She has already made this decision without my agreement. I feel like I am being forced to go or I am no longer allowed to be his father (living with him as opposed to being a long distance father) and continue to have a say in his upbringing. My son last year was crying on the phone saying that he wanted to come back home to me as he was missing me. I know if he had to chose , he would rather be with his dad. Please help me, I don't think I could live without my son.

Our Response:
Much depends upon who the day-to-day primary carer is of your son as the court usually opts for continuity. If you have parental responsibility, by law your ex has to request your permission to move out of the area with your child. If you refuse, she would have to take the matter to court. If she moves without your permission, you can take the matter to court, but whether the court would rule to move her back with your son (once left) would be determined upon what the judge thinks is in your son's best interests. However, if you feel your son has strong family and school connections and you feel as though your partner may move him without your consent, you in turn can apply for a Prohibited Steps Order. Again, the court will decide what it thinks is in your son's best interests i.e whether your partner can take your child or whether your child should remain living with you as his primary carer. I think in your position, it would pay to seek some legal advice. Mediation is also an option to consider in order to try to come to a resolution without having to go to court.
SeparatedDads - 29-Jun-17 @ 2:30 PM
My partner of nearly 9 years has informed me she intends to move to Scotland with my 6 year old son (who I have been there in his life since the moment he was born, my name is also on the birth certificate) to care for her aging mother and to make a fresh start. She has asked me to come but it hasn't been discussed and agreed by both of us. She has already made this decision without my agreement. I feel like I am being forced to go or I am no longer allowed to be his father (living with him as opposed to being a long distance father)and continue to have a say in his upbringing. My son last year was crying on the phone saying that he wanted to come back home to me as he was missing me. I know if he had to chose , he would rather be with his dad. Please help me, I don't think I could live without my son.
LondonDad - 28-Jun-17 @ 11:07 AM
Rizwan- Your Question:
I have a 5 month child with a British national. My home country is Pakistan and my partner has taken my child to Pakistan and my spouse visa runs out next year. Can I apply to court to have her return? She has gone on permanent basis.

Our Response:
If the mother of your child has left the country and taken your child without permission, then you should report this to the authorities as it can be classed as abduction.
SeparatedDads - 23-Jun-17 @ 2:40 PM
I have a 5 month child with a British national. My home country is Pakistan and my partner has taken my child to Pakistan and my spouse visa runs out next year. Can I apply to court to have her return? She has gone on permanent basis.
Rizwan - 21-Jun-17 @ 4:47 PM
Reno- Your Question:
I have 2 children one lives with me and the other lives with my ex wife. I have just found out she took my son away out of the country without notifying me who do I need to report this too so it never happens again? Your advice would be really appreciated

Our Response:
You can see more about taking a child out of the country without permission via the link here. There is no official body where you can complain that your ex has taken your child out of the country, your only option would be to look into applying to court for a Prohibited Steps Order, in order to try to prevent your ex doing this again without your consent.
SeparatedDads - 20-Jun-17 @ 11:58 AM
I have 2 children one lives with me and the other lives with my ex wife. I have just found out she took my son away out of the country without notifying me who do I need to report this too so it never happens again? Your advice would be really appreciated
Reno - 17-Jun-17 @ 10:44 AM
stevesjem - Your Question:
Hi, On December 6th 2016 My partner took our then 18 month old son for a holiday in Slovakia and was to return on the 19th December, She announced while she was there that she was not going to return, I contacted the ICACU and opened a case for the return of my son under the Hague convention, This according to the convention should have been dealt with in a 6 week period according to my sons Habitual residence in UK, However this is not the case and I feel that the Hague convention has not worked in my case, I got very little help from the ICACU and even after numerous emails their response time is very slow, I took this to the High Court in London and my son was made "Ward" of the court and also 2 orders have been made for the mother to return to UK which both have been ignored, I have an EU solictor who has requested that a hearing be held in Slovakia to enforce the High Court orders and they have done nothing, My son has been declared as a missing child with interpol and they have done nothing, My solicitor has contacted the supreme court in Bratislava to enforce the orders of the High Court and again, you guessed, They have done nothing, We are now trying to enforce the orders using the Brussells iia regulation and as far as I can see this cannot be overturned, however it seems that I must get a certificate from the court to this effect, But when I look at the court order for return I have already it does annex this regulation, so My question is Is the court order I have "The Certificate " I need to exercise the return of my son?, if not what is the procedure to get this certificate?, Once I have the certificate and it has been officially translated in the member state language where my son is being kept can I just go there armed with this and take him back or will this be classed as a re-abduction? It is now 6 months since my son was taken and I feel I am not really getting anywhere and at his very young age (Now 2 yrs old) I am worried that the bonding between us has been broken and could be quite difficult to get back, So any help from anyone would be appreciated just to help me go in the correct and lawful direction.Thanks

Our Response:
I am very sorry to hear this. Unfortunately, as we are only a general advisory service we cannot comment upon this as it is beyond our remit. Unless any of our readers have personal experience, then you would have to continue to seek legal advice and/or Reunite International may be able to help you further, please see link here. I hope you manage to resolve this situation soon.
SeparatedDads - 24-May-17 @ 11:36 AM
Hi, On December 6th 2016 My partner took our then 18 month old son for a holiday in Slovakia and was to return on the 19th December, She announced while she was there that she was not going to return, I contacted the ICACU and opened a case for the return of my son under the Hague convention, This according to the convention should have been dealt with in a 6 week period according to my sons Habitual residence in UK, However this is not the case and I feel that the Hague convention has not worked in my case, I got very little help from the ICACU and even after numerous emails their response time is very slow, I took this to the High Court in London and my son was made "Ward" of the court and also 2 orders have been made for the mother to return to UK which both have been ignored, I have an EU solictor who has requested that a hearing be held in Slovakia to enforce the High Court orders and they have done nothing, My son has been declared as a missing child with interpol and they have done nothing, My solicitor has contacted the supreme court in Bratislavato enforce the orders of the High Court and again, you guessed, They have done nothing, We are now trying to enforce the orders using the Brussells iia regulation and as far as i can see this cannot be overturned, however it seems that I must get a certificate from the court to this effect, But when I look at the court order for return I have already it does annex this regulation, so My question is Is the court order I have "The Certificate " I need to exercise the return of my son?, if not what is the procedure to get this certificate?, Once I have the certificate and it has been officially translated in the member state language where my son is being kept can I just go there armed with this and take him back or will this be classed as a re-abduction? It is now 6 months since my son was taken and I feel I am not really getting anywhere and at his very young age (Now 2 yrs old) I am worried that the bonding between us has been broken and could be quite difficult to get back, So any help from anyone would be appreciated just to help me go in the correct and lawful direction..Thanks
stevesjem - 23-May-17 @ 2:55 PM
Stevie - Your Question:
My 15 year old daughter (16 in 7 weeks) is very unhappy living at home with her mother and her husband. My daughter wants to live with me but my ex is starting to prevent my access. Where do I stand in terms of getting my daughter to live with me and what do I need to do? We were married at time of birth so I have parental responsibility. What can I do to get my daughter living with me?

Our Response:
If your ex is refusing to negotiate with you and/or is attempting to stop access, then you would have to either suggest mediation and try to resolve these issues between you, or apply to court. As your daughter is now 15, her opinions will be taken into consideration by the courts. However, as in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. Please also see link: What Happens If My Ex Keeps the Children Without My Consent? here which shows you your parental responsibility rights. But, please be aware it is never a good decision to take this approach as it can backfire and the courts do not condone the actions of parents who take the law into their own hands, unless necessary. Your daughter will be able to make her own decision freely when parental responsibility ends at age 18. Until then, the courts can make a decision on her behalf.
SeparatedDads - 29-Mar-17 @ 1:55 PM
My 15 year old daughter (16 in 7 weeks) is very unhappy living at home with her mother and her husband. My daughter wants to live with me but my ex is starting to prevent my access. Where do i stand in terms of getting my daughter to live with me and what do i need to do? We were married at time of birth so i have parental responsibility. What can i do to get my daughter living with me?
Stevie - 28-Mar-17 @ 10:12 PM
Jamest - Your Question:
I have a child arrangemts order for access on Sundays so I want to know does my ex need my permission to take my 3 kids on holiday in the United kingdom without my consent

Our Response:
If you have an access order and your ex wishes to take your children away during your time with your kids, then she is breaching the order. However, you should try to negotiate you have your kids on an alternative time to make up for their absence during your time. Please see link here. However, in answer to your initial question, yes, your ex can take your children away without permission as she has parental responsibility
SeparatedDads - 2-Mar-17 @ 12:10 PM
I have a child arrangemts order for access on Sundays so I want to know does my ex need my permission to take my 3 kids on holiday in the United kingdom without my consent
Jamest - 1-Mar-17 @ 1:25 PM
Ellasara - Your Question:
I have two children, 3 and 4 and hope to move to France with them next year.Their dad (who has PR) has not financially supported his children in over two years, I was granted an injunction against him (violent and emotionally/financially abusive) and in that time he didn't see them for 6 months. It took for me to call him to arrange contact. Social services reported little to no contact between him and them and there was no intention to see the children, certainly no arrangements were made.He hasn't seen them for 2 months this time and has now reared his ugly head again and is demanding to see them. They have spoken on the phone a couple of times and he has asked to have them at the weekend. Although I have always encouraged their relationship, I can't help but think we'd be better off leaving the country and starting a new life away from him and the traumatic memories. Can I just leave and never come back? I have a job and an apartment out there - plus a wonderful bun have of friends aching for us to join them. Anyone have any advice? Many thanks

Our Response:
As the father has PR, you would have to ask for his consent to move out of the country. If he refuses, your only recourse is to apply to court. You would have to prove why it was in your children's best interests to take them out of the country to live. If you can prove you have a job and an apartment, then it will stand you in better stead. As specified in the article, taking them out of the country without consent would risk you being charged with abduction.
SeparatedDads - 16-Feb-17 @ 2:42 PM
I have two children, 3 and 4 and hope to move to France with them next year. Their dad (who has PR) has not financially supported his children in over two years, I was granted an injunction against him (violent and emotionally/financially abusive) and in that time he didn't see them for 6 months. It took for me to call him to arrange contact. Social services reported little to no contact between him and them and there was no intention to see the children, certainly no arrangements were made. He hasn't seen them for 2 months this time and has now reared his ugly head again and is demanding to see them. They have spoken on the phone a couple of times and he has asked to have them at the weekend. Although I have always encouraged their relationship,I can't help but think we'd be better off leaving the country and starting a new life away from him and the traumatic memories. Can I just leave and never come back? I have a job and an apartment out there - plus a wonderful bun have of friends aching for us to join them. Anyone have any advice? Many thanks
Ellasara - 13-Feb-17 @ 9:02 PM
Living with my gf is becoming a nightmare after our daughter was born. Everyday it gets worse. If I was to kick her out could I keep my daughter and she not be able to take her back.
Blackandwhite - 11-Feb-17 @ 4:25 PM
Bra123 - Your Question:
My fiancee has a 14 year old, the childs mother has said she will pay for the 14 year old to go to Australia when the child is 16 for 3 weeks. My fiancee does not want the child to go as he feels that the child is not grown up enough to fly on their own for a 24 hour flight also the 3 week period would be over christmas. Is there any way he stop his child from going?

Our Response:
A Prohibited Steps Order (PSO) is an order granted by the court in family cases which prevents either parent from carrying out certain events or making specific trips with their children without the express permission of the other parent. This is more common in cases where there is suspicion that one parent may leave the area with their children. The court will assess what it thinks is in the best interests of your partner's child.
SeparatedDads - 28-Nov-16 @ 2:24 PM
My fiancee has a 14 year old, the childs mother has said she will pay for the 14 year old to go to Australia when the child is 16 for 3 weeks. My fiancee does not want the child to go as he feels that the child is not grown up enough to fly on their own for a 24 hour flight also the 3 week period would be over christmas. Is there any way he stop his child from going?
Bra123 - 26-Nov-16 @ 9:52 PM
Hi I've been split from my children's mother for nearly ten years she moved over three hrs away 9 years ago and I've had regular contact with both my biological daughter and her son that I've brought up as my own since he was a baby although I'm aware of I don't have rights to my son who now 15 and soon will make his own choice where he wants to live but my ex is getting more and more unstable and unreasonable with police getting involved with both her and now my son getting in trouble I'm desperate to keep my daughter safe as I'm on the birth certificate if I asked her to stay one weekend and she wanted to would this be legal or illegal I've spent thousands in the past getting solicitors letters etc all a waste never got a response and was put off going to court incase of being blocked from seeing my son
Boats mc boat face - 19-Nov-16 @ 6:43 PM
Eleni - Your Question:
Hello there, my boyfriend has a 4 year old daughter with his ex and she does not allow him to see the child because he has moved on with me. She uses threatening behaviour and is abusive. He goes weeks without seeing his daughter and she does not allow him to speak with her even over the phone. He is very upset and distraught this has been going on for years. She has a new partner and has now taken the child out of school for 3 weeks to go to turkey with her new man who lives there. She has engaged him in the 3 weeks and is threatening to move to turkey with the baby and that my boyfriend won't ever be able to see her. She is not all there in the head she has a mental illness which has not been diagnosed. Please answer me. Is she capable of moving to turkey and taking the child out of education and leaving the father. She does not allow him to see her or speak with the baby. She is trying to move on with someone else and make the baby forget who her dad is nd pretend this new man in turkey is the dad. Please help me. My boyfriend can not afford a lawyer what are our options?

Our Response:
If your boyfriend has Parental Resonsibility and is concerned his ex may leave the country without his permission then he can apply for a Prohibited Steps Order. A Prohibited Steps Order (PSO) is an order granted by the court in family cases which prevents either parent from carrying out certain events or making specific trips with their children without the express permission of the other parent. This is more common in cases where there is suspicion that one parent may leave the area with their children. If the mother goes abroad to live with the child without permission, it makes it far more difficult to get the child back. Therefore, this is one of the scenarios that a PSO seeks to prevent. If your boyfriend is on a low income, he may get a reduction in court fees and he can self-litigate, please see link here.
SeparatedDads - 28-Oct-16 @ 2:03 PM
Hello there, my boyfriend has a 4 year old daughter with his ex and she does not allow him to see the child because he has moved on with me. She uses threatening behaviour and is abusive. He goes weeks without seeing his daughter and she does not allow him to speak with her even over the phone. He is very upset and distraught this has been going on for years. She has a new partner and has now taken the child out of school for 3 weeks to go to turkey with her new man who lives there. She has engaged him in the 3 weeks and is threatening to move to turkey with the baby and that my boyfriend won't ever be able to see her. She is not all there in the head she has a mental illness which has not been diagnosed. Please answer me. Is she capable of moving to turkey and taking the child out of education and leaving the father. She does not allow him to see her or speak with the baby. She is trying to move on with someone else and make the baby forget who her dad is nd pretend this new man in turkey is the dad. Please help me. My boyfriend can not afford a lawyer what are our options?
Eleni - 27-Oct-16 @ 4:53 PM
My wife and I moved to Fuerteventura 4years ago to live, along with our 2 young children. A year after living here my wife gave birth to our second daughter, Lucia. We have lived here together, very happily, or so I thought, for 4years, and my wife recently gave me one and a half weeks notice before taking my kids back to the UK to live. Everything in our relationship was normal. We never, ever, agued, there was no physical or mental abuse, my wife just announced that she missed her family and was fed up with not having much money. Crazy reasons if you ask me! But now I am struggling to get to Skype with my children and I really want my children living back with me. Where do I stand as the children's father? Has she 'abducted' my children? If so, how do I get them back?
Stuey - 6-Sep-16 @ 8:01 PM
Myself and my wife moved together with our 2 children in 2012. Our son was nearly 4years and our daughter was 2years.1year later my wife gave birth to our 3rd child, our daughter Lucia. We have been living in Fuertevenutra for 2weeks short of 4years and 3 weeks ago my wife decided that she had had enough of living here and has taken our 3 children back to the UK to live. She is being financially supported by her parents and sister. What rights do I have to get my children back. My eldest 2 have spent more of their lives living here in Fuerteventura and are fluent Spanish for their ages. My son was one of the top 5 students in his class. The school is an all spanish school with only 3 English children there, 2 of those were mine. My youngest was going to a Spanish nursery and loved it also. Everything in our relationship was normal, no violence, no arguing, neither one of us has cheated on the other, everything seemed to be fine. My wife was also due to start a new job as an english teacher. Is this classed as child abduction? Where do I stand with regards getting my children back?
Stuey - 6-Sep-16 @ 7:52 PM
angc - Your Question:
My son and his ex separated 6 years ago when his dauhter was a year old. He has PR. His daughter had stayed with him every weekend and one day mid week since then (for the last 6 years) His ex partner had a child to another partner two years ago. That relationship broke down recently. At the beginning of the summer holidays she took the children for a two week break 300 miles away to Devon as she always does ( She is originally from ther and her parents live in the area) The day that she was due to come back , she text my son to say she was not coming back and had found a job and house over there. He had absolutely no knowledge that she was planning to move away with his daughter. She will not divulge her new address. He is absolutely devastated. Where does he stand in the eyes of the law. ?

Our Response:
I am sorry to hear this. Your son should act hastily and seek legal advice regarding this. If your son has parental responsibility then his ex should have asked for consent to move away and the court 'could' order her to return. However, the longer his ex becomes established in her new life, the more difficult this will be and it is more likely your son will be granted an access arrangement. If your son applies through court and he still does not have the address, he can apply on a C4 form, which is and application to the court for an order for the disclosure of a child's whereabouts. This will allow the court to go ahead and put a trace on his child, so that your son can bring the matter to court. If he cannot afford the hefty legal fees, he can self-litigate, please see link here.
SeparatedDads - 17-Aug-16 @ 1:58 PM
My son and his ex separated 6 years ago when his dauhter was a year old. He has PR. His daughter had stayed with him every weekend and one day mid week since then (for the last 6 years) His ex partner had a child to another partner two years ago. That relationship broke down recently. At the beginning of the summer holidays she took the children for a two week break300 miles away to Devon as she always does ( She is originally from ther and her parents live in the area) The day that she was due to come back , she text my son to say she was not coming back and had found a job and house over there. He had absolutely no knowledge that she was planning to move away with his daughter. She will not divulge her new address. He is absolutely devastated. Where does he stand in the eyes of the law. ?
angc - 17-Aug-16 @ 12:28 AM
I am a Kenyan citizen married to my British Wife for 14 years. We have 2 kids (Boy 6 years and Girl 8 months) who are both British. My wife and kids have all been living with me in Kenya as my legal dependents and my children have been schooling here as well.Two weeks ago my wife abducted my kids to the UK without any information whatsoever and has not been in touch since. My various attempts to contact my in-laws in UK have also proved fruitless. As a (non-British) father of British children who have been abducted by their British mother to the UK, what are my rights and Legal remedies under British Law if I want my children back. I have been the sole provider for my wife and kids. As a housewife, I am not sure how my wife will be able to care and provide for both our kids and I do not want them to depend on UK social services when I can provide for them in my country. I cannot live being separated from my kids and it seems my wife is using this fact to her advantage. Can you please kindly guide me.
abdlwkl - 18-Jun-16 @ 6:34 AM
HI, my ex moved away with our 3 year old daughter, i only had 10 days notice. she said she moved to one place then i recently found out she has moved to somewhere else/ she said she moved again but she never told me when they moved again. i dont have an address of where my daughter is staying, i feel like as a parent i have rights to know where our daughter is living, also i do not know anything about my ex's partner. all i know is his name which i would like to know more about him but my ex said that i dont need to know as she knows he is not a bad guy. but i do not know that. i do see my daughter every week once overnight i have her but im concerned for my childs saftey. her new man could generally be nice but i would like more information about him too.
WeeGuy - 29-Apr-16 @ 1:57 PM
Mick - Your Question:
My ex has moved my son 300miles from England into Scotland. The move was amicable with an agreement that we share the burden of visitation. This has since fallen apart from her side, she now refuses to do any of the travelling and will only allow me to speak with son if I travel up, blocking telephone and video chats. I have parental responsibility. Is there anything I can do?

Our Response:
You would have to apply through the courts for access. Please see link: When Your Ex-Partner Denies You Access, here.
SeparatedDads - 15-Apr-16 @ 2:39 PM
My ex has moved my son 300miles from England into Scotland. The move was amicable with an agreement that we share the burden of visitation. This has since fallen apart from her side, she now refuses to do any of the travelling and will only allow me to speak with son if I travel up, blocking telephone and video chats. I have parental responsibility. Is there anything I can do?
Mick - 14-Apr-16 @ 6:33 PM
Ambuye - Your Question:
My wife went on holiday to one of the EU countries with my daughter, she is due back on sunday but is now saying she wants to leave the child there for abother 3 weeks while we sort things out. I have not agreed for the child to stay there but she insist that she is not coming back with her. She plans to live the child with grandparents but I worry that my daughter might not come back. What actions can I take?

Our Response:
Your ex can take your child abroad for 28 days without the permission of anyone else with parental responsibility only if she has a child arrangements order. Otherwise, she needs permission from you, if you have Parental Responsibility, please see link here. If you do not wish your child to be left behind, or if you think your wife may plan to leave the country permanently with your daughter, then I suggest you seek legal advice immediately.
SeparatedDads - 31-Mar-16 @ 11:21 AM
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