Child abduction is where a parent takes his/her child away from the country where that child is habitually resident. 

A removal is when the child is taken out of the country. A retention is when the child has been abroad, e.g. on holiday or on a contact visit, but has not been returned by the agreed date.

Someone with parental rights is not entitled to take a child out of the U.K. without the consent of all other persons with parental rights.  A Court may make an order to prohibit a person from taking a child abroad, particularly if abduction is feared.

The United Kingdom is party to two international conventions which means that legal procedures have been agreed with certain countries to assist in the return of a child who has been abducted to that country.

The Hague Convention 1980, which aims to secure the return of wrongfully removed children, now has over 50 countries involved in operating procedures for the return of abducted children.  For the Hague Convention to be enforced:

• The child must be under 16
• The child must have been habitually resident in a Convention country before the removal or retention
• The child must now be in a Hague Convention country
• The removal or retention of the child must have been wrongful, i.e. in breach of someone’s rights of residency, contact or a court order.
• You can also apply to the courts in a European Convention country to recognise and enforce a residency or contact order.

For advice if your child has been abducted and you feel you need an experienced lawyer, contact Wright & Co here, or telephone (0044) 131 467 5566

Wright & Co
5e Giles Street
Edinburgh
EH6 6DJ

Family Law in Scotland