5 Myths About International Child Abduction
International child abduction is often misunderstood. The phrase itself can conjure up images of strangers, airports and dramatic removals, when in reality most cases involve loving parents, fractured relationships and urgent decisions made at moments of crisis. Here are five common myths.
1. “It is only abduction if a stranger takes my child”
Most international child abduction cases involve a parent or family member. A child may be wrongfully removed from their home country, or lawfully taken abroad for a holiday and then not returned. The legal issue is not whether the parent loves the child, but whether they had permission, or legal authority, to take or keep the child abroad.
2. “If I have parental responsibility, I can travel wherever I like”
Parental responsibility does not give one parent a free hand to relocate a child internationally. Depending on the circumstances, taking a child abroad without the other parent’s consent, or without a court order, may be unlawful. Even where travel is agreed, overstaying or changing the purpose of the trip can amount to wrongful retention.
3. “The court will decide which parent is better”
In Hague Convention cases i.e. abductions which happen to and from countries who have signed up to the 1980 treaty, the court is usually not deciding long-term welfare or which parent the child should live with. The central question is whether the child should be returned promptly to their ‘home’ country – their country of habitual residence so that the courts there can make decisions about welfare, residence and contact.
4. “There is nothing I can do until my child has gone”
If there is a real risk of abduction, early action is crucial. Depending on the facts, protective steps may include court orders, removal of passports and port. Delay can make matters significantly more difficult, particularly once a child has crossed borders.
5. “Once my child is abroad, it is too late”
It is not necessarily too late. Many countries are signatories to the 1980 Hague Convention, which provides a framework for the prompt return of children who have been wrongfully removed or retained. Non-Hague cases can be more complex, but there are still legal routes available.
International child abduction cases move quickly, and every day can matter. Whether you are worried a child may be taken abroad, or a child has already been removed or retained overseas, specialist advice at the earliest stage can make all the difference.
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If you are concerned that the other parent may have abducted your child or children, or if you believe that they are a flight risk, it is imperative that you seek legal advice as soon as possible.
Kim is a recognised expert practising exclusively in all aspects of international and domestic children law. This includes international child abduction – Hague Convention and Non-Hague Convention wardship proceedings pursuant to the Inherent Jurisdiction of the High Court and relocation proceedings.
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