What should you do in the first 24 hours of an international child abduction case?
It can be gravely distressing when a child is removed from their home, and taken to another country without the consent of the other parent or holder of parental responsibility. When learning that a child has been abducted, there are some first steps that should be considered.
1. Contact the local police
Contacting the local police about your child being removed from the country should be the first step, if it is safe to do so. This is because the police may be able to help in tracing your child’s movements, and potentially stop them from leaving the country if they have not already done so.
You do not have to wait 24 hours to contact the police in circumstances where a child is missing.
2. Contact family and friends for information
If it is appropriate and safe to do so, you may wish to contact family and friends for information about where your child may be going. You may already know where your child is being abducted to, in which case this step may not be necessary.
Family and friends can sometimes put your child at further risk, and so it is important to think carefully about doing this. Sometimes, family and friends can provide helpful information that will secure the safety of your child.
3. Contact the Central Authority
If you know your child has been removed from the country, then you should contact the Central Authority in your country if it is a signatory to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. The police may be able to give you this information. In England the Central Authority is the International Child Abduction and Contact Unit.
The Central Authority can help you with practical steps in securing your child’s return. This includes making an application for the return of your child under the 1980 Hague Convention, which is then transmitted to the relevant central authority in the other country. The process at that point is country dependent, but you will usually be allocated a solicitor who can advise you on the legal process.
4. Contact a solicitor
If your country is not a signatory to the 1980 Hague Convention, you may want to consider seeking legal advice both in the country you are in and in the country you believe your child has been abducted to. Taking legal advice at an early stage can greatly assist in securing a return of your child to their home and help you better understand what next steps may need to be taken.
Trying to navigate a legal process in a different country can be stressful, particularly if that country speaks a different language to you. Taking legal advice can provide support to you in such circumstances, and mean that you are more prepared for the process to come. In England, it is usually recommended to take legal advice as soon as possible.
5. Contact children’s services
If you have welfare concerns for your child, or you have current social service involvement with your family, you may want to consider contacting social services in the country your child is in. This may only be possible if you know exactly where your child is; social services usually can’t help if they don’t know where the child is in the country.
6. Self-help remedy
Sometimes, you may be able to ask the person who has abducted your child to return them, or provide you with information about their whereabouts. This can sometimes not be appropriate if you do not have a good relationship with them, or they pose what is known as a ‘flight risk’. This is the risk that, on learning you will take steps to try and seek the return of your child, they may try and conceal the child’s whereabouts either by moving to a different country, or not disclosing where they are currently. It may be best to seek legal advice before taking this step if you have any concerns.
Navigating a child abduction can be a worrying time. The process is complex, and more often that not, you are seeking to engage in a legal system which is not that of your own country. Seeking legal advice at an early stage can sometimes provide you with the knowledge and support you need to seek the return of your child.
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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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