There are many reasons as to why one parent might abduct their child, often referred to as parental child abduction. Within this article, we explore what parental child abduction means, when removal or retention will be classed as parental child abduction, and the ways in which Nalders can assist you in taking preventative measures if you feel as though there is an immediate risk of abduction.
What is parental child abduction:
Parental child abduction occurs when a parent or individual with parental responsibility either wrongfully retains the child within their sole care or wrongfully removes the child from their habitual residence and therefore, their habitual jurisdiction, without the permission of the court or the consent of the other parent or individuals who have parental responsibility over the child.
Parental child abduction has become a rising concern, particularly during separation or divorce, or after the conclusion of the same. With there being an increase in cross-cultural marriages, and divorce rates rising, there has also been a rise in the risk of child abduction. It is therefore important to take both practical and legal preventative steps immediately if you believe that there is an immediate risk of this happening.
Obtaining a Prohibited Steps Order can be a sensible step when trying to prevent such abduction from occurring. A Prohibited Steps Order contains injunctive powers, imposed by the courts, to prevent an individual from carrying out a specific action, such as removing your child from your care or from the jurisdiction of England & Wales without your consent. Prohibited Steps Orders can be granted in these situations and particularly in situations where it is believed that one parent might make decisions that could cause harm to the child’s welfare.
When would a Prohibited Steps Order be granted and can I apply?:
The courts will grant a Prohibited Steps Order on a case by case basis. They will look at the specific circumstances of each case. However, the courts primary consideration in their decision-making process is always the welfare of the child. Only those who have parental responsibility over the child can apply to the court for a Prohibited Steps Order, therefore this can typically include, biological mothers and fathers or second female partners, provided that they are named on the child’s birth certificate if they are unmarried, and also the child’s legal guardian if one is appointed. Individuals who do not have parental responsibility over the child such as, grandparents or other members of the extended family, must seek the courts permission before applying for a such an order.
How can we assist?
Having concerns of there being an immediate risk of your child being wrongfully removed or retained from your care without consent is an extremely traumatic experience, and when emotions are heightened, finding a resolution independently can become a difficult mountain to climb.
With child abduction being an extremely complex and bespoke area of law, our team of specialist lawyers have a wealth of knowledge to assist in the prevention of abduction taking place and can advise you on appropriate steps to take to revent this from occuring. If you would like to discuss this further, please contact Jane Blanks, Senior Associate in our Family Department on 01209 714278 or jb@nalders.co.uk
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.