What happens if a child is taken to a country which is not part of the Hague Convention? Your options explained

An application can be made under the Inherent Jurisdiction of the High Court of England and Wales. The Inherent Jurisdiction is a power that has developed over many years which enables the High Court to make orders to protect children in complex situations.

Using its Inherent Jurisdiction, the Court may make the child a Ward of the Court meaning that the Court places the child under its protection and no significant decisions affecting the child’s welfare can be taken without the Court’s permission.

The High Court’s Inherent Jurisdiction can be particularly valuable where there is a means of enforcing orders against the abducting parent in England and Wales. For example, where the parent continues to have assets, property or ongoing connections to this jurisdiction, the Court may be able to exercise it’s powers through a range of protective and enforcement measures.

Although the High Court is unable to compel a foreign Court to return a child, orders made under the Inherent Jurisdiction can assist in tracing the whereabouts of the child, obtaining information from third parties and supporting efforts to secure their return. They can also be of assistance in any foreign proceedings.

In many Non-Hague cases, it will be necessary to engage lawyers in the country that the child is located. This allows steps to be taken simultaneously in both jurisdictions, ensuring that all available legal remedies are being pursued and helping to maintain momentum in efforts to secure the child’s return.

Every international child abduction case involving non-Hague countries is different. The best course of action will depend on the child’s circumstances, the country involved and the orders already in place. A non-Hague country can make the process more complicated but early action and specialist advice can often make a significant difference to the outcome.