There are few things more frightening for a parent than a child being taken from them without consent. If this has happened, or you believe there is a risk this could happen, it is essential that you seek out immediate legal advice.

It is also extremely important to get an understanding of your options if you are being accused of child abduction.

At Taylor Emmet, our professional, empathetic child abduction lawyers have the skills and experience to help you make an urgent application to the courts for the return of a child, begin emergency steps to prevent children being removed from the country, or defend your position if you are being falsely accused of child abduction.

Speak to our Expert Childcare Solicitors

Our priority is to resolve disputes as fairly and amicably as possible without lengthy legal battles.


Our expertise with Child Abduction

At Taylor Emmet, we have been recognised as having one of the leading Family Law teams in the Sheffield City Region and beyond by The Legal 500.

Our experience and expertise in handling child abduction cases means we are well positioned to support you, regardless of the complexity of your case. We can step in to provide immediate assistance, including in urgent cases where you need to take swift action to safeguard your children.

It is often necessary to make arrangements for your children in cases concerning child abduction. Our child abduction lawyers include members of Resolution – the National Organisation of Family Lawyers and are accredited specialists, highlighting their expertise in removing conflict from these situations and supporting individuals to find amicable solutions.

Members of our team are also on the Law Society’s Children Panel, enabling them to represent children and demonstrating our expertise in child law.


How our Child Abduction Solicitors and Lawyers can help you

Prevention of Child Abduction

If you believe that there is a risk your child could be taken from your care without your permission, it is extremely important that you act quickly to prevent this from happening.

When speaking to our team, we can discuss the options that may be available to you, which are likely to vary depending on your circumstances and the nature of the relationship you have with others who have parental responsibility for your child.

In emergency situations, we can also make an application to protect a child from abduction in the form of a Prohibited Steps Order. Additionally, we can support you with asking the police to issue a port alert so that border officials are aware your child should not be allowed to leave the UK through any point of departure, including via an airport, ferry or the Channel Tunnel.

Returning children

If your child has been abducted, the courts have the authority to issue an order for their return. In some cases, this can be the most effective method of returning your child to your care.
Our specialist Abduction Solicitors and Lawyers can assist you with every aspect of such an application, ensuring that it is completed quickly and accurately, providing the courts with all the information they need to act swiftly.

Defending accusations of Child Abduction

Being accused of child abduction can be extremely distressing and the consequences could be significant if your child’s other parent takes action against you.

Our experts will be on hand to guide you through the process of travelling with a child, We making sure you have all the necessary paperwork in place, providing peace of mind. We can advise you on the steps you can take to make sure that you are able to reach an agreement, but, if an agreement cannot be reached, we can also apply to the court for permission to remove your child from the country.

Arrangements following abduction

If an abduction has occurred, and your child has since returned, you will almost certainly need to consider what your current childcare arrangements look like and how they can be adjusted to better suit all parties.

Our Abduction Solicitors and Lawyers can work alongside you to make sure that you have the correct arrangements in place, taking every possible measure to make sure that your child’s welfare is taken care of.


Frequently asked questions about Child Abduction

What is child abduction?

What is child abduction?

Child abduction is defined as the removal of a child from the care of one parent, or from the country from where they normally live.

Many people are unaware that taking their own child out of the country – even temporarily for a holiday or to see family – can be classed as child abduction, unless they have the permission of everyone with parental responsibility (usually the other parent) or from a court.

What is international child abduction?

What is international child abduction?

International child abduction occurs when one parent or guardian takes a child out of the country without the permission of the other parent or anyone else who has parental responsibility, or without the consent of the courts.

This is considered a serious legal matter, as removing a child across borders without the appropriate consent breaches parental rights and may place the child at risk. If a child is taken or kept abroad without permission, legal action can be taken to secure their return under international agreements such as the Hague Convention.

What can I do if there is a risk of child abduction?

What can I do if there is a risk of child abduction?

If you believe that there is a risk your child may be abducted, your options can include applying for a Prohibited Steps Order, preventing your child from being taken abroad without your permission, as well as asking for a port alert to be issued to prevent your child from being taken through any UK point of departure.

When should I contact a Child Abduction Solicitor?

When should I contact a Child Abduction Solicitor?

It is vital that you act as quickly as possible if you have any concerns about the potential of your child being taken abroad without your permission. As such, it is strongly recommended that you speak to a specialist Child Abduction Solicitor as soon as possible, as this can help solve the issue before it escalates.

Equally, if your child has already been taken abroad without your permission, the sooner you seek help, the quicker you will be able to find a resolution.

Can I prevent child abduction before it happens?

Can I prevent child abduction before it happens?

Yes, there are several possible ways to prevent a child abduction before it happens. As we have discussed, you can apply for a Prohibited Steps Order, or get the police to issue a port alert.
If it is possible, you could also work with anyone else who has parental responsibility to apply for a Child Arrangements Order which is better suited to each party’s circumstances and clearly defines their parental rights.

Can I modify custody arrangements after an abduction?

Can I modify custody arrangements after an abduction?

Firstly, it is important to clarify that the term ‘custody’ is no longer used in a formal legal context. We instead refer to ‘child arrangements’.

In any case, it will be possible to modify child arrangements after an abduction has taken place and has since been resolved. You will usually need to apply to the court to do so, which will also require some additional legal support.

What do I do if my child has been abducted but I don’t know where they have been taken?

What do I do if my child has been abducted but I don’t know where they have been taken?

If you do not know where your child has been taken, the courts can issue an order requiring the other parent to reveal where your child is. Failure to follow the terms of this order will result in a fine, imprisonment, or both.

Can you take your child aboard if you don’t have consent from the other parent?

Can you take your child aboard if you don’t have consent from the other parent?

If you cannot secure consent from everyone with parental responsibility to take your child abroad, you can apply for consent from the courts to do so.

It is imperative that you do receive some form of consent, either from those with parental responsibility, or from the courts, as failing to do so will be considered an act of child abduction.

We have Family Law Solicitors near you

If you are interested in understanding how Taylor Emmet can help you with your family law issues then please contact us.

0114 218 4000

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Any issues that concern children have the potential to be extremely complex and fraught with conflict. We’re here to make sure that you can find a resolution quickly and painlessly, avoiding court proceedings wherever possible.

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Adoption

Adoption Orders aim to provide a stable family environment for a child, with a view to providing successful integration into a new family life.

The adoption process has the potential to be extremely complex, with various steps needing to be correctly handled to ensure that a positive outcome is achieved with minimal disruption. No matter which side of an adoption you are on, it is vital that you receive practical and expert support at every stage.

Whether you need general legal advice on adoption, are currently going through the adoption process, or find yourself involved in an adoption appeal or dispute, it is vital that you receive specialist support from a team who have a detailed understanding of adoption law.

Care Proceedings

If a Local Authority’s social services department has concerns over a child’s welfare or believe they may be at risk of suffering harm, they will become involved with the family and may see fit to start care proceedings. If care proceedings are commenced in respect of a child in your family, this could mean that they are removed.

We understand how upsetting and stressful care proceedings can be. Our team will work with you closely and provide support throughout the process, making sure you know what to expect and that your rights are protected.

Child Abduction

Having your child taken from you without your agreement is a parent’s worst nightmare. In some cases, this could be classed as child abduction.

If you need support in protecting your child, our team can help you to take immediate action. Our professional team of Child Law Solicitors and Lawyers have the skills to help you make an urgent application to the courts for the return of your child.

If required, we can also take emergency steps to prevent children from being removed from the country.

Child Arrangements Orders

A Child Arrangement Order is a type of court order which can be used to decide various aspects of your child’s upbringing. This includes deciding with whom they will live, how much time they spend with both parents and what type of contact will take place.

Such an order can be made if you are unable to resolve a dispute with your former partner about certain arrangements for your children.

Our Child Law Solicitors and Lawyers can help you to negotiate an agreement and, if this is unsuccessful, guide you through the process of making a Child Arrangement Order application.

Legal Aid

The availability of legal aid for family law cases has significantly reduced in recent years. However, there are certain scenarios where it may still be available.

As we have a contract with the Legal Aid Agency, our team can determine whether you are eligible for legal aid and, if so, support you with your application.

Parental Responsibility

Parental responsibility refers to the rights, duties, powers, responsibilities and authority that a parent has in respect of their child. When you have parental responsibility, you can make various decisions on behalf of your child.

Not all parents automatically have parental responsibility. If you wish to obtain parental responsibility for a child, it may be possible to make a parental responsibility agreement or apply to the court for parental responsibility order if you cannot reach an agreement.

In both scenarios, our Child Law Solicitors and Lawyers can work with you to offer the support you need.

Special Guardianship

Special Guardianship provides a middle ground between adoption and a Child Arrangements Order and can be used in situations where it is not possible for a child to live with their parents. When granted, a special guardianship order places a child or young person into care with someone other than their birth parents.

Whether you intend to make a Special Guardianship Order or a Special Guardianship Order has been applied for in relation to your child, our team can help you take the appropriate action and advise you on the options at your disposal.

Frequently asked questions about Children Law

How do I prepare for child custody court?

It is firstly important to note that the term ‘custody’ is no longer formally used when discussing arrangements for children. If you need to attend court for a legal matter involving your children, it will be the Family Court.

The best step you can take if you are due to attend Family Court is to instruct a specialist Child Law Solicitor or Lawyer, who can provide you with all the information you need about what to expect and what steps you can take to be as prepared as possible.

Can I avoid going to court?

In many cases, it is possible to avoid having to go to court. There are various methods of non-court dispute resolution, such as mediation, arbitration, and constructive negotiation, which can be utilised to help resolve any disputes you may be involved in concerning your children.

Exactly which method is best suited will depend on your circumstances and the relationship you have with the other party. Our Child Law Solicitors and Lawyers can discuss the potential options that may be available to you and explain how each of the processes will work.

What happens if we can’t reach an agreement?

If it is not possible to reach an agreement over a certain arrangement for a child, it may be necessary to head to court. This will often be a last resort, as the courts only tend to become involved with arrangements for children when it relates to an important aspect if their welfare and upbringing.

Do I need a solicitor for child arrangements?

It is not a requirement to work with a solicitor when making child arrangements. However, it is strongly recommended to do so, as these types of matters can often prove to be complex and having the support of a specialist will significantly increase your chances of securing a positive outcome.

Do I have parental responsibility?

Whether or not you have parental responsibility will depend on your legal status as a parent.Birth mothers are automatically granted parental responsibility, as will the father if they are married to the mother at the time of birth.

If the father is not married to the mother at the time of birth, they will be granted parental responsibility if they are named on the birth certificate. If you do not have parental responsibility, you can make an application to the court.

What orders can the family court make?

The family court has the power to make various orders in respect of children, such as:

  • Child Arrangements Order - Sets out a child’s residence and what level of contact they have with their parents.
  • Specific Issue order – Settles a dispute between parents with parental responsibility.
  • Prohibited Steps Order – Prevents someone from taking a certain action or making a decision without the permission of the court.
  • Responsibility Order

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