Understanding Child Abduction Laws

The abduction of a child is one of the most emotionally charged crimes imaginable. Whether abducted by a stranger or family member, the return and wellbeing of the child will be paramount to family, friends and the police.

It is illegal for a person to remove a child (a person under the age of 16) from the UK without appropriate consent from the person or people who have parental responsibility for the child.

The following article explains child abduction laws, including what should be done when a child is abducted, how a child can be removed from the UK lawfully and ways in which parents can try to prevent abduction.

What is the legal definition of child abduction?

Child abduction occurs when a person removes a child out of the UK without having the consent of the person or people that have parental responsibility for the child or without the prior permission of the court. The law recognises a child to be anyone under the age of 16.

It is still illegal for a person to take a child out of the UK without prior consent if they have a Child Arrangements Order for the child if the trip exceeds 28 days. International trips for less than 28 days are lawful for those who have a Child Arrangements Order for the child in question. If a Special Guardianship Order is held for a child, the person who holds the order will be able to remove the child from the UK for up to 3 months without additional authorisation.

The law allows a mother to take her child out of the UK without obtaining the permission of the father if the father does not have parental responsibility for the child.

The law sets out three main types of child abduction, they are:

• Abduction. This occurs when a child is taken abroad without having the consent of the parents. This is recognised as a criminal offence.
• Wrongful retention. Wrongful retention occurs when the child has been kept overseas after a trip abroad that was undertaken without the appropriate consent of the parents or those with parental responsibility for the child.
• Threat of abduction. The law recognises that there is a threat of abduction in instances where it is possible or likely that a child will be taken abroad without the appropriate permission.

What legislation relates to child abduction in the UK?

The main piece of UK legislation that relates to child abduction in the UK is the Child Abduction Act 1984. This legislation states that it is illegal for a person to take or send a child abroad without having received the prior consent from the parents or those who have parental responsibility for the child.

The law states that appropriate consent must be received from the following before travel is made:

• The child's mother
• The child's father if he has parental responsibility for the child
• The legal guardian of the child
• A special guardian of the child
• The person who holds a Residence Order for the child (if the Order was imposed prior to 22/04/2014)
• The person who holds a Child Arrangements Order for the child
• If the child is in care, the Local Authority who is responsible for the child
• The Court if the child is a ward of court or is detained.

What if I want to take a child abroad but I can't obtain the necessary consent?

If two or more people have parental responsibility for a child, or if there are multiple people that fall into various categories above, and they cannot reach an agreement as to whether a child should be taken out of the UK or not, the courts will have to make a decision.

The person who wants to take the child abroad must apply to the courts for them to review the case and issue or decline permission for the trip. If the consent is not obtained prior to travel, the person who takes or sends the child abroad may be committing a criminal offence or could be considered to be in contempt of court.

How long can a child be taken outside of the UK before the law is broken?

Parents who have a Residence Order that was set up before 22/04/2014, or those who hold a Child Arrangements Order are entitled to take the child outside of the UK for a maximum of 28 days without having to obtain permission from any others who have parental responsibility for the child. The only time that they would be exempt from doing this is if a court order was in place the stated that this was not authorised.

A court can impose a restriction on the passport of a parent or request that the parent surrenders their passport if they believe there is a risk that the child may be taken outside of the country too frequently or without necessary authority.

Is it possible to stop my ex-partner from relocating within the UK and taking our child with them?

The law states that if a parent wants to move to a different part of the country and take their child with them, the parent is not required to obtain the consent of any others who have parental responsibility for the child.

If the other parent would prefer that the child does not move, they can seek to obtain a prohibited steps order from the courts. This order would prevent the parent from moving away with the child. When determining whether it is appropriate for this type of order to be imposed, the court's priority will be the welfare of the child.

What happens if a child is abducted but does not leave the country?

The law does not state that it is a criminal offence for a child to be taken and only moved within the UK. That said, for the child to be removed from their home, the consent of a person with parental responsibility for the child is required, even if the trip is intended to be short. It is a criminal offence for a person to remove a child to the Isle of Man or the Channel Islands if they have not obtained the appropriate consent prior to travel.

All UK courts will recognise any existing court orders that relate to a child under 16 as long as the order was imposed in a UK court. This means that orders that give permission for travel will be recognised, as will any orders that prohibit the travel.

Are there any defences for removing a child from the UK if the parent was not aware that they were breaking the law?

It is a criminal offence for a parent to remove their child from the UK if they don't have the appropriate consent to do so. There are, however, three possible defences for this crime. They are:

• If the parent believed that they had the consent of the other parent or if they reasonably believed that the other parent would consent if they were aware of the circumstances relating to travel.
• When the parent can demonstrate that they took every reasonable step to communicate with the other parent to detail their intention to travel with the child, but had not been able to do so.
• When the parent who would need to give consent has acted unreasonably and refused to give the authority for travel. This defence would not be accepted if the person who withheld consent has a Residence Order, Special Guardianship Order or a residence under a Child Arrangements Order. This defence will also not be acceptable if there is an order in place that prohibits the removal of the child.

Are there any measures that can be taken to prevent the abduction of a child?

There are a number of steps that should be taken by a parent if they believe that there is a risk that their child will be taken abroad without their consent. Firstly they could raise their concerns with the local police. If a risk of abduction is present, the parent can make an application for:

• A Prohibited Steps Order. This order will be issued by the courts and is used to prevent the removal of a child from the UK to a foreign country. If the contents of this order are breached, the offender would be in contempt of court.
• A Specific Issue Order. This type of order can be used to settle disputes between parents as to whether a child should be allowed to be taken abroad.
• A Child Arrangements Order. This order sets out who the child should live with.

In more serious cases, an application may be made to the High Court to request that the child is made a ward of court. Upon acceptance of the application, any attempts to remove the child from the UK would be immediately frozen and if an attempt to travel is undertaken, this would be a contempt of court.

Is there a way to take my child abroad legally?

In cases where only one parent has parental responsibility for a child, that parent can travel freely and without additional consent as long as there is no court order in place that prohibits this.

If another person also has parental responsibility for the child, the parent who wants to travel must obtain written or oral consent from the other party prior to travel. In cases where there is a Residence Order in place or a Child Arrangements Order, written consent must be obtained from each person who has parental responsibility prior to travel.

What considerations does the Court make when deciding whether a child should be taken abroad?

The primary concern for the courts when deciding whether a child should be taken abroad or not is the welfare and wellbeing of the child. When making their decision, the courts will consider the following:

• What the child wants and how they feel
• The physical, mental and educational needs of the child
• How the travel will impact on the needs and wellbeing of the child
• Whether the child has suffered from any harm or abuse previously
• The capabilities of both parents and any others who have parental responsibility for the child to meet the needs of the child
• Any cultural significance to the child if relevant
• The age, gender and background of the child
• The powers available to the courts