Can you abduct your own child?

When a person takes a child out of the United Kingdom, or indeed sends them out of the UK without the express permission of everybody with parental responsibility, or an Order of the Court, this is known as abduction. So, in short, yes you can abduct your own child.

Abduction is a criminal offence in England and Wales and so it is important to protect yourself when making holiday plans or plans to move abroad. 

Lisa Harbour, associate director & deputy head of Family at Jackson Lees (Image: Jackson Lees)

For parents seeking to take their children abroad, it is important to bear in mind how this may make the other parent feel. Approaching matters in an amicable fashion is the best solution.

For instance, providing details of your travel and accommodation arrangements may well reassure the other parent.  It’s also important to give the other parent reasonable notice of your intentions to avoid any last-minute panic or the need for the Court to become involved.  Keeping the other parent in the loop may help you both reach an early and amicable agreement that is in the best interests of everyone.

Whether you are able to take your children abroad will depend not only on whether your ex-partner is agreeable to this, but also whether there are any Orders in place relating to the children, your intended holiday destination, and how long the trip is for.

There is a huge amount of detail that goes into these agreements. If you’re unsure, know that you can get advice to help get clarity. I would always advise that co-parents seek advice as soon as possible.

If a parent or guardian is unable to obtain consent for a holiday from all those with parental responsibility, then they will need to apply to Court for something called a Specific Issue Order. In cases where a parent or guardian is unable to obtain consent to a relocation abroad, then they will need to apply for permission of the Court to move.

Sometimes one party may obtain the permission of all those with parental responsibility for a holiday, but then refuse to return to the country. Likewise, it may be that a parent or guardian is threatening to take the child out of the country without consent. 

It is important that in both of these situations the Police are notified immediately, and urgent legal advice is obtained. Applications can be made on an urgent basis to protect a child and can even be made without notice to the other party if required.

If you have genuine welfare concerns in relation to your ex-partner taking the children abroad or are concerned that they may not return to the country with the children, then of course these issues do need to be explored and addressed without delay.

Here at Jackson Lees, we can advise you as to your rights whether you are seeking to take your children abroad or are concerned about your ex-partner doing so. Either way it is important to know where you stand and to not leave arrangements until the last minute.

If you would like to talk to one of our specialist family law advisers, please call us free on 0808 271 5266 (also free to call from mobiles) or email: family@jacksonlees.co.uk or visit our website: www.jacksonlees.co.uk

At Jackson Lees we understand that a breakdown of a relationship is upsetting and can be one of the most difficult times in your life. We will provide you with expert, professional and sensitive legal advice, helping you deal with divorce, financial matters and any questions you may have as a parent.

What Jackson Lees can do for you…

Fixed fee options available

Three local offices to choose from:

Hoylake 0151 909 8652,

Heswall 0151 909 8689,

Liverpool 0151 601 5818

Collaborative lawyers

If you are in need of family law advice, contact our team to book an appointment or to chat through your options. Call us free from either a mobile or landline on 0808 271 5266.