When a child’s parents are married or are unmarried but the father is on the child’s birth certificate, both parents share parental responsibility over that child.  The courts consider that both parents must then have continued involvement in the child’s upbringing, even after separation.

Unfortunately, there has been in recent years an increase in the number of children that are being abducted, or kidnapped, by one parent upon the breakdown of their relationship with the other parent.  This is normally caused by the inability of the abducting parent to live apart from their child or to share the care of the child with their ex-partner.

In England and Wales it is a criminal as well as a civil offence for one parent to send the child overseas without the other parent’s consent.  Wrongful retention of the child overseas by one parent when he should be returned to the other parent is a form of child abduction, as is the threat to take the child overseas.

In cases where abduction is feared and there is evidence to support that fear, the court may issue a prohibited steps order to restrain either parent from removing the child from the jurisdiction.

A parent whose child has been abducted must bear in mind that time is running up against them.  Courts tend to order for the ‘status quo’ to be restored, always bearing in mind the children’s welfare and best interest.  The sooner therefore a claim is issued before the Courts in respect of the abduction, the more likely it will be that the court will order for the child to be returned as soon as possible.

If the child has been away for a significant period of time of, let’s say 2 years, the court will then want to consider whether it is in the child’s best interest to bring them back.

If you fear your child may be abducted or you have received threats in this respect, you must contact a family lawyer immediately.  You should also report the situation to the police and contact the Passport Service in order to stop a passport being issued for your child.

Charity reunite will also be able to let you have their child abduction prevention pack (www.reunite.org).