Gurjit Chahal is a REUNITE recognised specialist abduction lawyer
Abduction from the UK to a Hague Country
It is a criminal offence to remove a child out of the jurisdiction of England or Wales without the consent of all parties with parental responsibility ( section 1/2: Child Abduction Act 1984). In addition the Child Abduction and Custody act 1985 has enshrined and given the force of law to two International Conventions set up in 1980 known as the Hague Convention the focus of which is to permit parties to enforce rights of custody across countries.
Thus if a child has been abducted to a country which has signed up to what is known as the Hague Convention, then it is possible to submit an application to the Central Government Authority in the UK namely the International Child Abduction & Contact Unit ( ICACU).The ICACU will apply on your behalf to the central authority of the country to which the abduction has taken place. The two respective central authorities will continue to liaise and have a duty to act expeditiously. Time is always of the essence in child abduction cases.
In defence to the Hague application your spouse may raise what are called Article 13 defences namely:
- that you were not exercising actual custody rights or had consented to or subsequently acquiesced in the removal or retention; or
- that there is a grave risk that his return would expose the child to a physical or psychological harm or otherwise place the child in an intolerable situations; or
- that the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of his view.
Wardship Proceedings
In addition to the Hague application it is also possible to apply to the High Court for Wardship, Disclosure/Location orders. Such orders are not mandatory but can be quite useful as they declare to a foreign country that the removal of the child was wrongful and that the child must be returned forthwith and may carry some weight in terms of enforcement in another country.
Where child is abducted to a Non Hague Country
The remedies available to bring about the return of a child to a Non Hague country are limited and sometimes referred to as primitive. If there has been an abduction to a Non Hague country the following procedures may help in securing the return:
- direct application for custody and return of the child in the foreign court
- seeking an extradition of the adult who has taken the child
- taking proceedings for contempt if an order has been breached and to obtain an order for sequestration
- seeking the forfeiture of a bond or surety
- instigating Wardship proceedings.
- obtaining advice from foreign and commonwealth office
