International Parental Child Abduction United Kingdom
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MARCH 2011
GENERAL INFORMATION: The United Kingdom is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction. For more information see “Hague Abduction Convention.”
The Department of State posts country-specific information about the United Kingdom on its travel information website at: http://travel.state.gov/travel/cis_pa_tw/cis/cis_1052.html.
LEGAL SYSTEM: The United Kingdom consists of three distinct jurisdictions, each with its own court system and legal profession: England and Wales, Scotland, and Northern Ireland. The UK legal system is based on common law. Parliament passes statutes; the courts interpret those statutes and follow case-law precedent.
In the United Kingdom, all Hague applications are heard in the High Court (England and Wales, Northern Ireland) or in the Session Court (Scotland). In the United Kingdom, the legal term “residence orders” addresses with whom a child lives and “contact orders” addresses with whom the child may have contact and under what conditions.
For more information about the UK legal system, please see: http://www.direct.gov.uk/en/index.htm
RETAINING AN ATTORNEY: The U.S. Mission in the United Kingdom maintains several lists of attorneys that may be useful to you:
List of Child Custody and Family Law Solicitors in England and Wales:
http://photos.state.gov/libraries/164203/cons-acs/child_custody_solicitors_and_law_firms_mar10.pdf
List of Attorneys in Scotland: http://london.usembassy.gov/cons_new/acs/child_and_family_matters_scotland.html
Legal services in Northern Ireland: http://london.usembassy.gov/cons_new/acs/living_in_the_uk_nireland.html
Northern Ireland Legal Services Commission: http://www.nilsc.org.uk/
Law Society of Northern Ireland: http://www.lawsoc-ni.org/
Law Centre of Northern Ireland: http://www.lawcentreni.org/
These lists are provided as a courtesy service only and do not constitute an endorsement of any individual attorney. The Department of State assumes no responsibility or liability for the professional ability or reputation of, or the quality of services provided by, the following persons or firms. Professional credentials and areas of expertise are provided directly by the lawyers.
The UK Legal Services Commission also offers legal aid services in family law cases. For further information on eligibility and the type of assistance available, see: http://www.legalservices.gov.uk/public/can_i_get_legal_aid.asp
CITIZENSHIP & PASSPORT MATTERS: The consent of both parents is not required to obtain a British passport for a child. A parent concerned that his/her child is going to be abducted abroad can contact the UK Identity and Passport Service (formerly the UK Passport Service) to request that no passport be granted to the child. See the UK Identity and Passport Service website for more information: http://www.ips.gov.uk
For more information about UK passports and child abduction, see:
MEDIATION: Reunite International, the primary non-profit organization in the United Kingdom specializing in International Parental Child Abduction, offers specialized mediation services. To learn about Reunite and its services, click on the following link: http://www.reunite.org/
HAGUE ABDUCTION CONVENTION: The Hague Convention on the Civil Aspects of International Child Abduction came into force between the United States and the United Kingdom on July 1, 1988. The United Kingdom has not been cited in the U.S. Compliance Report on the Convention.
For information about eligibility for relief under the Convention, application forms, and checklists, see:
http://travel.state.gov/abduction/solutions/possiblesolutions/possiblesolutions_3851.html
If you decide to request return of an abducted child under the Hague Abduction Convention, you should submit an application for return as soon as possible. You do not need a custody order to begin the application process. We suggest that you call the U.S. Central Authority at 202-736-9130 and ask to speak to the UK case manager prior to starting the application process. The application, along with instructions for completing it, can be downloaded at http://travel.state.gov/abduction/abduction_580.html.
Your application must include:
A copy of any court order in effect at the time the child was removed, or a copy of the law which establishes your right to custody.
- Photos of the child and the taking parent/person. A certified copy of the parents’ marriage certificate (if applicable).
- A certified copy of the child’s birth certificate.
- Your Article 28 statement giving authorization to the Central Authority to act on your behalf for your Hague Convention application. Click here to view a sample Article 28 statement: http://travel.state.gov/pdf/sample_%20article_%2028_%20statement.pdf
These documents will not be returned to you.
The U.S. Central Authority will forward the application to the appropriate UK Central Authority. All three UK Central Authorities provide pro bono (no fee) legal assistance in Hague return proceedings. If you have already retained a solicitor, you should identify him or her in art II of the application form.
Please remember:
- Fill out the Hague application as completely as possible. The physical descriptions of the taking parent and child (Part I and III) are especially important, and should be filled out completely even though you must also send photos. The explanation of what happened (Part IV) is equally important. In instances where the child has been gone for an extended period, your statement - which can be completed on a page separate from the application - should be as detailed as possible regarding any actions taken to recover your child.
- If you are concerned the taking parent will flee or hide the child when notified of the Hague proceedings, you must note this
in Section VIII of the application, explaining why you feel there is a further flight risk. You should also note this concern
in a cover letter attached to the application.
For England and Wales, as well as Scotland, an affidavit must be lodged with the application when court action is initiated. Your solicitor can assist you with this.
Submit your application and supporting documents to:
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U.S. Central Authority We strongly recommend that you send your Hague application package by courier, such as Express Mail, Federal Express, UPS, DHS, etc. as delays in the delivery of regular mail are common. |
APPLICATIONS FOR ACCESS TO A CHILD IN THE UNITED KINGDOM: The three UK Central Authorities vary in whether they accept applications for access under the Convention. You should use the same application form, as explained above, whether you are applying for return of or access to a child.
England and Wales
The Central Authority for England and Wales does accept applications for access under the Convention. If you want pro bono (no fee) legal representation, you must apply for it.
Scotland
The Central Authority for Scotland accepts applications for access to children who have been removed to Scotland, either where there is no existing access order, or for the recognition of existing foreign access orders. It does not accept access applications when the applicant already has a Scottish access order and/or has left his/her children behind in Scotland. In these instances, you may seek enforcement of the order in the Sheriff Court. Parents and guardians can also retain a solicitor to assist with this process and apply for legal aid.
For more information about Scottish Sheriff Courts, click on the following link:
http://www.scotcourts.gov.uk/introduction.asp
Northern Ireland
The Central Authority for Northern Ireland does not process applications for access under the Convention but will assist applicants in finding an independent firm of solicitors to act on their behalf. Legal aid is not automatically available; however, an applicant may qualify under the normal means and merits test. A solicitor will have more details.
CIVIL REMEDIES: You may be able to have an existing U.S. court order recognized and enforced by a UK court. A hearing is often required before a court will enter a “mirror order,” which is an order consistent with a pre-existing court order from the United States. The appropriate court to begin this process is the UK family court closest to where the child is located. A solicitor should be able to help you through this process.
In child custody cases, the UK courts use the standard of the “best interests of the child.” Many factors are considered, such as the wishes and feelings of the child (dependent on age and understanding); the child’s physical, emotional, and educational needs; the effect of a change in circumstances; the child’s age, gender, background and relevant characteristics; any harm the child has suffered or is at risk of suffering; how capable each of the child’s parents and any other relevant person is of meeting the child’s needs.
Child custody laws in England and Wales are primarily governed by the Children Act 1989, which is available online at: http://www.opsi.gov.uk/acts/acts1989/ukpga_19890041_en_1
Child custody laws in Scotland are governed by the Children (Scotland) Act 1995, which is available online at:
http://www.legislation.gov.uk/ukpga/1995/36/contents
Child custody laws in Northern Ireland are governed by Children (Northern Ireland) Order 1995, which is available online at: http://www.opsi.gov.uk/si/si1995/uksi_19950755_en_1
CRIMINAL REMEDIES: According to the Child Abduction Act of 1984, it is a crime in the United Kingdom for anyone connected with a child under the age of 16 to take or send that child out of the United Kingdom without appropriate consent. However, once the child is removed to or from the United Kingdom, the abduction is usually handled as a civil matter. Before filing criminal charges, parents should consider whether doing so is the best way to ensure the return of the child. Filing criminal charges in the United States could adversely affect a Hague application for return of the child. For more information, see http://www.travel.state.gov/abduction/solutions/criminal/criminal_3856.html.
The relevant Acts for England and Wales, Scotland and Northern Ireland can be found online as follows:
England and Wales: http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1984/cukpga_19840037_en_1
Scotland: http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1984/cukpga_19840037_en_2
Northern Ireland: http://www.opsi.gov.uk/RevisedStatutes/Acts/nisi/1985/cnisi_19851638_en_1
VISITATION/ACCESS RIGHTS: The UK court presiding over family proceedings determines access and contact rights. Access and contact orders are issued after careful consideration of the best interests of the child. Please see the relevant laws for each of the three UK jurisdictions under “Civil Remedies.”
Contact Information
U.S. Embassy in London, England: http://london.usembassy.gov/
U.S. Consulate General in Edinburgh, Scotland: http://edinburgh.usconsulate.gov/
U.S. Consulate General in Belfast, Northern Ireland: http://belfast.usconsulate.gov/
UK Embassy in the United States: http://ukinusa.fco.gov.uk/en/
UK Central Authorities:
Central Authority for England and Wales: International Child Abduction Contact Unit (ICACU) of the Official Solicitor.
Central Authority for Northern Ireland: The Northern Ireland Court Service, a department of the Lord Chancellor.
Central Authority for Scotland: Minister for Justice, Scottish Executive Justice Department.
Other Government Websites |
