There are some instances when parents may need to recover their children from abroad. Although this is quite a traumatic experience for any parent to go through, knowing what to do in these situations is key to finding a solution.
This article goes into detail about certain scenarios which may arise and how they can be dealt with effectively. Additionally, it will look at the legal implications and the options open to you as a parent if you find yourself in this situation.
Holidays and Parental Separation
The summer period is often the perfect time to take a break from everyday life and enjoy a holiday with the children. However, following the breakdown of a relationship or marriage, when children travel abroad with one parent, this can become an extremely stressful time for the parent who remains at home.
This may arise when the relationship ended on difficult terms, with disputes between the parents, or where the parent remaining in the UK did not agree to the holiday in the first place. If you are concerned about the risks of travelling abroad with children during the school break, you may find our related article on School Holidays and Taking Children Abroad helpful.
When the Parent Does Not Return
In most cases, the travelling parent and children return to England at the end of the trip. Unfortunately, there are situations where the travelling parent decides not to return and instead retains the children in the foreign country.
This may be because of existing ties with that country, or it may be a unilateral decision taken without the knowledge or consent of the parent left behind. Such a decision can be deemed wrongful in the eyes of the law.
Parents usually share parental responsibility for their children, meaning that important decisions, such as where the children live, should be made jointly.
At times like this, it can feel hopeless and tempting to wait and see if the parent will change their mind. However, it is important to act quickly and to seek specialist legal advice at the earliest opportunity.
At TV Edwards LLP, we have a dedicated Child Abduction law team who can provide expert advice and support during what is often a very traumatic time. In these circumstances, legal remedies are available and swift action is essential.
International Remedies
The legal remedies available will depend on the country in which the children have been wrongfully retained.
If the children are kept in a country with which the UK is a signatory to a relevant international treaty, such as The Hague Convention on the Civil Aspects of International Child Abduction 1980, or under European law, the left-behind parent can seek their swift return under those agreements. We can advise you on which countries these treaties apply to and how they can be used.
The Hague Convention on the Civil Aspects of International Child Abduction 1980
The Hague Convention is an international agreement between more than 100 countries, including all members of the European Union and many nations across the Americas, Asia, and Oceania. These are often called “Hague Convention countries.”
The purpose of the Convention is simple: to protect children from being taken across borders without the agreement of both parents.
It provides a legal process to help make sure that children who have been taken or kept abroad without consent are returned quickly to the country where they normally live. This allows important decisions about their future to be made in the right place, by the right court.
Remedies in the English Courts
Where no relevant treaty exists, there are still remedies available under English law. Urgent applications can be made to the High Court in England and Wales, which has wide-ranging powers under its Inherent Jurisdiction. This may include making the children Wards of Court and ordering the abducting parent to return them.
Once obtained, these Orders are often sufficient to secure the return of the children. In some circumstances, the assistance of the foreign court will also be required.
Enforcing and Safeguarding
In cases where the precise location of the abducting parent is unknown or where they refuse to comply with an order, further steps may need to be taken, but the court can continue to assist. Once the children are safely returned, the court can also make orders to safeguard against further abduction in the future and to determine appropriate care arrangements.
How TV Edwards Can Help You
These situations are understandably every parent’s worst nightmare, but it is vital not to panic and not to give up hope. Acting swiftly is often the key to securing a positive outcome.
At TV Edwards, we have a dedicated team of solicitors specialising in international children matters. We advise parents on preventing the abduction of children within England and Wales, across the UK, and internationally. We also act in seeking the return of abducted children and in supporting abandoned spouses.
If you have an international child law issue that you need assistance with, please do not hesitate to contact us on 0203 440 8000 or A_FamilyReferrals@tvedwards.com.
FAQs About Recovering Children from Abroad
What should I do if my child is not returned from a holiday abroad?
If your child is not returned from a holiday abroad, you should act quickly and seek specialist legal advice. Depending on the country, remedies may include the Hague Convention, European law, or urgent applications to the High Court in England and Wales.
Can the English courts help if no international treaty applies?
Yes, English courts can help even when the international treaty does not apply. The High Court can exercise its Inherent Jurisdiction, for example, by making the children Wards of Court and ordering the abducting parent to return them. Orders can also be enforced with the assistance of foreign courts if necessary.
What happens once the children are returned?
Once the children are returned, the Court can issue safeguarding measures to prevent further abduction and determine future care arrangements to ensure the children’s welfare.
What support can TV Edwards provide?
TV Edwards has a dedicated Child Abduction Solicitors team that advises on preventing child abduction, recovering abducted children, and supporting parents during these stressful situations, both in the UK and internationally.
Can I prevent future child abductions once my child is returned?
Yes, there are measures you can take to ensure your child is not abducted in the future. The Court can implement safeguarding measures, such as travel restrictions or supervised arrangements, to reduce the risk of future abductions.
At TV Edwards, our solicitors can advise on ongoing protective measures to ensure your child’s safety and well-being.
