Child Abduction Law: What Separated Parents Need to Know

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.

If you're concerned about your ex partner potentially relocating abroad with your child without permission, you can check your legal position using our free Moving Away Rights Checker.

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).

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.

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).

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Fathers with Parental Responsibility

Even if you both 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 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.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

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!

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Father's Rights Checker lets you check what legal rights you have as a separated father. Takes 2 minutes. Try it now →