If a parent removes a child without the other parent’s consent or retains a child following an agreed period, then this could constitute child abduction. This act incorporates the 1980 Hague Convention into statute in England and Wales. 

This is a multilateral treaty that provides a framework for the return of children who have been wrongfully removed from or retained in countries outside the children’s country of habitual residence.

A government body that acts as the Central Authority for international child abduction (and contact matters) in England and Wales. All applications for incoming and outgoing abductions should be made to ICACU in the first instance.

The country where the child regularly lives and has their main, settled home and life, based on a degree of permanence and stability. Factors such as work, family, school, health services will be looked at.

The legal process is expedited due to urgency.

For example, 1980 Hague Convention Child Abduction proceedings are aimed to be concluded within 6 weeks.

Legal or practical safeguards that are put in place to protect a child and/or the abducting parent upon their return to the child’s country of habitual residence.

A solemn promise to the Court to do or not to do something. It is a legally binding and enforceable commitment, and the Court can impose penalties such as imprisonment or pay a fine for non-compliance. Protective measures are usually set out as undertakings in an Order.

There are 5 defences available, namely, (1) Consent or acquiescence, (2) No custody rights at the time of removal, (3) Child Objections, (4) Grave risk of physical harm (Article 13b) and (5) Settlement

If the parent clearly consents to the removal, this must be before the removal and must also be real, informed, positive and unequivocal. Consent will be fact specific. Acquiescence takes place after the removal, and the Court will look at the words and actions of the left behind parent which could amount to consent.

The legal rights and responsibilities parents have regarding the care and upbringing of their children.

If the child has been wrongfully removed or retained in the “new” country for over 1 year, they may be considered as settled within that country. Therefore, proceedings must be brought within 1 year of the child’s removal.

There is a grave risk that the child’s return would cause both physical or psychological harm or otherwise place them in an intolerable situation. This must be child centred and focus on the impact on the child.

Children who are old enough (usually age 8 and older) and have the requisite maturity to understand their circumstances, will be approached by CAFCASS to ascertain if the child has an objection to the country of their habitual residence and not returning to the left-behind parent.

An independent body of Social Workers who represent the interests of children in family court proceedings in England, working to safeguard and promote children’s welfare.

When a child has their own solicitor and guardian (CAFCASS officers if required) to act on their behalf, separate from their parents or other adults in the case.

Rights, duties and decision-making powers over a child and their property, including decisions about their upbringing, education and medical treatment.

In a non-Hague case, wardship is a legal process where a child is placed under the protection of the High Court, giving the court supreme legal guardianship to make decisions for the child’s welfare.

Initial application to begin proceedings for the return of a Hague Convention country.

Initial application to initiate proceedings in the High Court under the Inherent Jurisdiction in relation to children for example, in Non-Hague Convention abduction proceedings.

Application to raise allegations of harm and domestic violence.

Application inviting the Court to make an Order (Section 8, Prohibited Steps Order, Specific Issue Order)

Application to ask the Court for permission to start a case or request a specific order or directions.

An application made to the Court for permission to instruct an expert.

A Court Order requiring a party/third party to provide certain information.

A Court Order that has been officially stamped with a Court’s seal, making it legally binding and enforceable.

A legally binding document that formalises an agreement between the parties.

Where the Judge sets rules and a timetable for how the matter will proceed. There can be more than 1 Directions Hearing within the proceedings.

A procedural hearing where the Court will consider whether it has all the required evidence to consider the case at the Final Hearing, that all directions have been followed, narrows the key areas of dispute and sets the trial timetable.

Where the Judge makes a judgment (a legally binding decision).