Legal Advise

My ex has abducted my child! Does the UK court have jurisdiction?

I am pleased that the child is back to the UK! Queen’s Park Solicitor was legally instructed last year by a Filipino man to act on his behalf regarding immigration matters along side with a claim of child abduction committed by his ex-partner.

It is a criminal offence under the Child Abduction Act 1984 for a person connected with a child under the age of 16 to take or send that child out of the UK without the appropriate consent.

Appropriate consent is needed from the:

  • mother of the child;
  • father of the child if he has Parental Responsibility;

When two or more people with Parental Responsibility for a child (or in the list above) cannot come to an agreement about taking the child out of the UK, then the person wishing to take the child will have to obtain the courts permission to do so. 

I have to act fast. I immediately applied for a UK court order to make arrangements for a child or resolve a dispute about their upbringing before a Family Court Division that a child abduction was occurred in line with the Hague Convention on Adoption. It was so heart-breaking when this thing happens but things must be done legally.

I am pleased that my client called me and said that the child has been returned to the UK and he is now able to exercise his paternal role. What a happy ending!

What do I do if my child has been abducted and may be taken to another country?

  • Report the incident to the police. When a child has been abducted and is considered to be in danger of serious harm or death, the police will use The Child Rescue Alert Scheme. This can provide an early warning system to local radio and television stations. The police also have the power to arrest anyone who is suspected of abducting a child and they can circulate the child’s name to all UK points of departure via the Police National Computer.
  • Contact a solicitor in the UK or organisation that can help, The Foreign and Commonwealth Office or the International Child Abduction and Contact Unit at the Official Solicitors Department.

Some countries are members of an international agreement which seeks to return abducted children to the country in which they normally live. This agreement is known as the Hague Convention.

How do I go about returning my son to the UK?

A starting point may be:

The International Child Abduction and Contact Unit (ICACU)*

Office of the Official Solicitor, Victory House, 30-34 Kingsway LONDON WC2B 6EX United Kingdom DX 141423 Bloomsbury 7 T: +44 (0)20 3681 2608 (10am–4pm Mon – Fri)

In an emergency, outside these hours contact Reunite, tel 0116 2556 234.F: +44 (0)20 3681 2763 W: https://www.gov.uk/return-or-contact-abducted-child

E: ICACU@offsol.gsi.gov.uk (new requests and general enquiries only)

The ICACU is open Mon to Fri 9am to 5pm but the office is not open to the public.

*Central Authority for England and Wales (for the 1980 Hague Convention, for Brussels IIa and for the 1980 European Convention)

Central Authority for England (for the 1996 Hague Convention)

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My name is Mr.  Don Magsino, BSc, MBA, GDL. I am Trainee Solicitor at Queen’s Park Solicitors. We are based at Suite 4, Stewart House, 56 Longbridge Road, Barking, Essex IG11 8RW | Telephone: 02036437508 | Fax: 02033931725  | Email: donm@queensparksolicitors.co.uk |Regulated by the Solicitors Regulatory Authority (SRA) 

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DISCLAIMER:

This document provides a general summary and is for information/educational purposes only. It is not intended to be comprehensive, nor does it constitute legal advice. Specific legal advice should always be sought before taking or refraining from taking any action.

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