Child Abduction is the unauthorised removal of a child from the care of the person with whom he normally lives or the threat of such a removal.

The police have the power to arrest anyone who they reasonably suspect of committing the offence of abduction, or any other arrestable offence. If the police are notified that an attempt may be made to remove a child unlawfully from the UK, they can through their National Computer System alert all other police forces and notify immigration officers of the details of the child who is at risk. This system is known as the “Port Alert” system.

If a child is abducted from the United Kingdom to another jurisdiction, the legal remedies which are available to secure his return are limited and cumbersome. In order to address this two separate conventions came into existence in 1980. Where countries have not ratified either convention then the terms of those conventions do no apply to a child taken to those countries. Some countries have ratified one of the conventions and others have ratified both.

The two conventions are the “The Hague Convention” and “The European Convention”.

We at Eskinazi & Co., have considerable experience in recovering children who have been abducted from the United Kingdom to other countries including those that have ratified the Conventions and others that have not. We are experienced solicitors in this area of work.