International child abduction is a deeply distressing prospect for any parent. In the UK, private family law offers urgent remedies to prevent a child from being unlawfully removed from the country or retained abroad. This article outlines the legal steps you can take, the emergency procedures available, and practical advice to help you act swiftly and effectively.
Understanding the risk of international child abduction
A parent may commit international child abduction if they remove or retain a child under 16 outside of the UK without the consent of the other parent or a court order. This includes:
- Taking a child abroad for a holiday without agreement.
- Relocating a child permanently without permission.
- Retaining a child overseas beyond the agreed timeframe.
Even in cases of shared parental responsibility, mutual consent is required for international travel. If you suspect the other parent may be planning such a move, time is of the essence.
It is to be noted that if you have a “lives with” child arrangements order in respect of a child, you are legally permitted to take the child abroad for up to a month without needing the consent of the other parent or anyone else with parental responsibility. This provision is set out in section 13 of the Children Act 1989 and applies even if the other parent disagrees with the trip. However, it is always advisable to inform the other parent of your travel plans to avoid unnecessary disputes or concerns.
Emergency legal remedies for potential child abduction
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Prohibited Steps Order (PSO)
A PSO prevents a parent from taking specific actions regarding a child—such as removing them from the UK—without court approval. It can be applied for urgently if abduction is imminent.
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Specific Issue Order (SIO)
An SIO addresses a particular dispute, such as whether a child should be allowed to travel abroad. It can be used to resolve disagreements over travel plans or passport issuance.
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Wardship
In extreme cases, the child can be made a ‘ward of court’, meaning the court becomes their legal guardian and must approve any major decisions.
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Port Alert
You can request the police to issue a Port Alert, which notifies UK border points to prevent the child from leaving the country. This is active for 28 days and can be extended with a court order.
Emergency application process for imminent child abduction
If you believe abduction is imminent:
- Contact a family solicitor immediately – they can prepare and file an emergency application for a PSO or SIO.
- Gather evidence – this may include travel bookings, communications, or signs of relocation (e.g. sale of property, job resignation).
- Attend court – emergency hearings can be scheduled within 24–48 hours, often without notice to the other parent if necessary.
- Costs and timing – legal fees vary depending on urgency and complexity. Expect solicitor fees from £1,000–£3,000 for emergency applications, plus court fees (currently £232 for a Children Act application). Legal aid may be available in some cases.
Practical tips for parents around child arrangements
- Monitor travel plans – stay informed about the other parent’s intentions, especially around school holidays.
- Secure passports – if possible, hold your child’s passport or apply to the Passport Office to prevent issuance without your consent.
- Alert authorities – notify police and border control if you suspect imminent travel.
- Communicate concerns – if safe to do so, discuss your worries with the other parent and document the exchange.
- Act quickly – delay can weaken your legal position, especially if the child settles abroad.
If your child has already been taken abroad?
Contact the International Child Abduction and Contact Unit (ICACU) immediately. They can assist with applications under the Hague Convention if the destination country is a signatory. The Convention aims to return children to their habitual residence swiftly, but success depends on timing and cooperation between jurisdictions.
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