Families with connections to more than one country face additional problems in the unfortunate event of a relationship break down. The natural and understandable reaction at such a difficult time is often to want to return home to the country of origin with the children. However, if this happens without the approval of the other parent or permission from a court, a parent (whether inadvertently or not) may be committing the criminal offence of child abduction and advice before any move is made is essential. Different countries have different laws, but many have signed up to the Hague Convention and European law is regulating increasingly the movement of children between EU countries.
If, contrary to an agreement or a court order, your children have been removed from their home, you should seek urgent legal advice. Likewise, if you have taken the children from their home you need immediate advice about your legal position.
If you fear that an abduction may be about to take place then speed is of the essence to try to prevent the child's removal.
Our team of family lawyers act for parents whose children have been abducted and for parents who have removed their children without the necessary consent. We are one of a small number of firms instructed by the Department of Constitutional Affairs to represent parents whose children have been abducted to England.
Our family law solictors are able to offer legal assistance pursuant to public funding (formerly known as Legal Aid) in some cases involving cross-border child abduction.
For more information or ladvice from our family law specialists, please contact Duncan Ranton on + 44 (0)20 7814 1200 or email dranton@kingsleynapley.co.uk.
"All the partners work so hard and go to so much trouble for their clients; they will answer calls on Christmas Day if necessary."
Chambers and Partners 2011