TV Edwards LLP are one of only a limited number of law firms in England and Wales who have the requisite expertise to conduct these cases as they are on a panel of solicitors accredited by the International Child Abduction and Contact Unit (ICACU) for meeting the necessary standards for this complex area of work.
We regularly act for parents who consider that their children have unlawfully been removed from their home country (without their permission or permission from the local court) or that their children have been kept in another country following a temporary stay. Conversely, we also represent parents who may find themselves accused of abducting their children. It could be, for example, that the parent who removed the children felt that they were legally entitled to do so, or may have done so as they felt they were in an unsafe situation that they needed to leave. It is also very common for a removal to take place if a parent has been living abroad but considers that going forwards; they would like to return to their home country where they may have the benefit of support from family and friends. Whatever the situation, cases involving child abduction are often a shock and can be distressing for all of those involved, particularly the children.
There are a number of international treaties and laws that govern these situations. They provide a mechanism for applications to be made for the children’s return to the original country. Whether any of the international treaties and laws apply to your situation will depend on from which country the children have been brought to England and Wales and TV Edwards LLP can provide you with advice about this. The most commonly used international treaty by parents to recover their children in these situations is the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (“the child abduction Hague Convention”).
It is very important that you seek specialist legal advice at the earliest opportunity, as this is a complex and ever changing area of family law. These cases are fast paced and it is important to act quickly so that you are aware of all of the available options to you so that you can make an informed decision about your next steps.
Legal aid is available in child abduction cases subject to your financial circumstances and the facts of your case. TV Edwards LLP have a legal aid contract and if you wished to instruct us, we would be happy to explore with you whether you may qualify for legal aid.
If you are involved in a child abduction or other international children law situation then please contact Forum Shah our Accredited Specialist on +44(0)203 440 8000 or email forum.shah@tvedwards.com or A_FamilyReferrals@tvedwards.com
