Act Immediately
If a child has been taken abroad without your consent, time is critical. The longer the child remains in the other country, the more settled they become, and the harder it can be to secure their return. Courts and international bodies expect prompt action from the left-behind parent. Delay can be held against you at proceedings.
The Hague Convention on International Child Abduction
The 1980 Hague Convention on the Civil Aspects of International Child Abduction is an international treaty that provides a mechanism for the prompt return of children wrongfully removed from or retained outside their country of habitual residence. The UK is a signatory state. Over 100 countries are now contracting states to the Convention, including most European countries, the United States, Canada, Australia, and many others.
Under the Convention, where a child has been wrongfully removed to or retained in a contracting state, the authorities of that state must order the prompt return of the child to the country of habitual residence, subject to limited exceptions. The Convention does not decide who the child should live with -- it is designed purely to restore the status quo before the removal and let the courts of the habitual residence make welfare decisions.
How to Start a Hague Convention Application
In England and Wales, the central authority for Hague Convention applications is the International Child Abduction and Contact Unit (ICACU), which sits within the Official Solicitor's office. Contact ICACU immediately at icacu@justice.gov.uk or by telephone. They will assist you in making an application for the return of the child to the authorities in the country where the child has been taken.
You will need to provide: the child's full name, date of birth, and nationality; your details and your relationship to the child; the other parent's details; details of when and how the child was taken; the country where the child is believed to be; and any evidence of your parental rights over the child. ICACU will then transmit the application to the central authority in the destination country, who will instruct lawyers to bring return proceedings in that country's courts.
The Exceptions to Return
The Convention requires return unless certain narrow exceptions apply. The exceptions are: the left-behind parent was not actually exercising rights of custody at the time of removal, or had consented to or acquiesced in the removal; more than one year has passed since the removal and the child is now settled in the new environment; return would expose the child to a grave risk of physical or psychological harm or otherwise place the child in an intolerable situation; the child objects to return and has reached an age and degree of maturity at which their views should be taken into account; or return would not be permitted by fundamental principles of human rights in the requested state.
These exceptions are interpreted narrowly by most Convention states. The grave risk of harm exception is the most commonly argued and the most frequently rejected -- courts have consistently held that the risk must be grave, not merely the disruption of return itself.
Non-Convention Countries
Where a child has been taken to a country that is not a signatory to the Hague Convention -- common examples include many Middle Eastern, African, and some Asian countries -- the Convention route is not available. In these cases, the options are more limited and more complex. You can apply to the English courts for a return order and then seek to enforce it through the courts of the country where the child is located, but enforcement depends entirely on the legal system and co-operation of that country.
Foreign process companies and specialist international family law solicitors can advise on the options in specific non-Convention countries. Some countries have bilateral agreements with the UK. The Foreign, Commonwealth and Development Office can also provide consular assistance in some circumstances.
Mirror Orders
Where there are concerns about potential international removal -- as opposed to an abduction that has already occurred -- mirror orders provide an important protective mechanism. A mirror order is an order made in the courts of another country that reflects and reinforces an order made in England. If you have a child arrangements order in England and the other parent has connections to another country, obtaining a mirror order in that country means that any attempt to keep the child there in breach of the English order can be enforced locally. Mirror orders are particularly useful for countries with strong legal systems that respect foreign court orders.
What to Do in the First 24 Hours
Contact ICACU immediately. Contact the police -- provide flight details, passport numbers, and destination if known. Ask the police to issue a port alert to Border Force if the child has not yet left. Contact a specialist international family law solicitor. Apply urgently to the family court for a return order and a Tipstaff order (an order addressed to the tipstaff of the High Court, directing Border Force to detain the child at the port of entry if they attempt to return). Notify the child's school. Gather all documents relating to your parental rights: the child's birth certificate, any court orders, your passport.