Duncan Lewis Child Abduction Solicitors: Child Abduction facts and law (11 November 2013)

One of the worst things that can happen to any parent is their child is abducted. Unfortunately, as the media has shown in the very recent history, child abduction can occur anywhere and at any time.

At Duncan Lewis, we are one of only 28 firms in the UK that are on the Lord Chancellor’s Child Abduction and Contract Panel, and our child abduction and child care solicitors are experienced in handling cases that involve gaining a legal decision that ensures the best for children and parents that have been victims of extremely unfortunate circumstances; such as child abduction.

Though several extremely high profile cases highlighted in the media has circulated a more widespread awareness of child abduction in society, at Duncan Lewis we feel that the facts and the law behind this heinous crime is something that people need to be more aware of.

To help people grasp a deeper understanding of child abduction law, we have created this article.

Child abduction law

With time progressing and the likelihood of people originating from different countries and cultures to inter-marry becoming more common, child abduction law has consequently become a convoluted area of international law relating to children.

Child abduction is when a child under 16 years old is taken away from their country of residence without the appropriate consent of the parents or responsible parent or guardian; even if the case that the child has been removed by one parent without the consent of the other, this still qualifies as child abduction.

The 1980 Hague Convention on the Civil Aspects of Child Abduction 1989 and The Hague Convention on the Protection of Children 1996 is a key source of law where child abduction cases are concerned. Under this legislation, children that have been illegally removed from their country of habitual residence can be returned immediately.

In child abduction matters where the child’s habitual residence and the country to where they have been taken are both signatories of the Convention, returning the child is a relatively straightforward process. On the other hand if the child has been abducted to a country that isn’t a party in the convention then guaranteeing a safe return is a more complicated process.

In both cases it is absolutely mandatory that in any event of child abduction, or there is a risk of so, that you contact a child abduction lawyer immediately.

The legal steps of child abduction law

Under the Hague Convention, the child abduction law states that if a child has been abducted to a country which subscribes to the Hague Convention then a child abduction lawyer will assist you in putting together an urgent application to be made to the courts of the country where your child has been taken for their safe return.

On the other hand, if a child has been taken to a country that is not subscribed to The Hague Convention, advice will need to be sought by a child abduction lawyer on the child abduction law in that country.

More often than not, a country will recognise that the child’s best interests lie in remaining in the country of their habitual residence.

The timescales involved in child abduction law

Child abduction proceedings proceedings are dealt with under very strict timescales usually no longer than six weeks.

Due to the urgency and speed that the case needs to be resolved then often the child abduction lawyer that is handling a case will need to gather witness statements and evidence out of standard working hours.

Cases in which a court does not need to order a return

Though the Hague convention provides that the court must order a return, it also has the power not to order a return in certain cases;

• If more than a year has passed since the child was abducted and the child has settled in their new environment.


• If the person or body with “rights of custody” agreed to the child’s removal or retention either beforehand or afterwards.


• If “there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation”.


• If “the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of its views.”

Child abduction: the facts

As well as an understanding of child abduction law, at Duncan Lewis we also feel that it is also important that people understand the reality of child abduction cases.

• Child abduction cases dealt with by the Foreign Office have risen by 88% in the past decade.


• It is estimated in the UK that more than 140,000 children go missing each year: equivalent to one every three minutes.


• According to Taken: a study of child abduction in the UK;


• 17% of child abduction cases were by a parent.


• 2% involve abduction by other family members.


• 35% involve abduction by someone known but not related.


• 42% of abductions are by a stranger.


• Three quarters of abductions by strangers were attempts that didn’t result in abduction.


• 80% of abduction cases were categorized as a type of abduction or an abduction with a motive.

If you are concerned about child abduction matters; if your child has been or you fear that they be at risk from being abducted, then get in touch with the child abduction solicitors at Duncan Lewis immediately.