As family law solicitors, one of the most distressing calls we receive is from a parent whose child has not been returned after spending time with the other parent. It is an emotionally charged situation — but it is essential to approach it calmly, legally, and always with the child’s best interests at heart.
Understanding the legal landscape
In England and Wales, both parents with parental responsibility have equal rights — unless there is a court order specifying arrangements. If a Child Arrangements Order is in place and one parent fails to return the child as agreed, that parent may be in breach of the order. If no order exists, the situation can be more legally complex.
In either case, your focus should be on safeguarding the child and resolving the matter in a structured, lawful way.
Step-by-step – what to do
- Clarify the situation
Begin by checking whether the child is simply delayed. Miscommunications do happen. Try to make contact with the other parent via a calm, neutral message. If there’s no satisfactory explanation or return within a reasonable time, proceed to the next step. - Keep records
Document your attempts to communicate and any replies you receive. This can be important if court involvement becomes necessary. - Seek legal advice promptly
It’s important to speak to a family solicitor as soon as possible. We can assess your situation quickly and advise whether an urgent court application is required. - Consider an urgent court application
Where a child is being unlawfully withheld, we can assist you in making an emergency application for a Specific Issue Order or Prohibited Steps Order. The Family Court has the power to order the immediate return of the child and an order preventing the parent who has failed to return the child, from doing so again.
If you are genuinely concerned about the child’s safety or believe there is a risk of overseas abduction, you should contact the police as well as your solicitor without delay.
A child-centred approach
While legal remedies are essential, the emotional impact on your child must always guide your actions. Avoid blaming or involving your child in disputes. Maintain respectful communication and prioritise co-parenting where possible.
The Family Court’s central principle is the welfare of the child — and as legal professionals, this is our guiding light too. If you’re facing a situation where your child has not been returned after contact, our experienced family law team is here to guide you through the next steps. We act quickly and sensitively, putting your child’s welfare at the heart of every decision.
This article was brought to you by Kidd Rapinet’s family solicitors. You can book an appointment with any of the family lawyers across our other offices in Aylesbury, Canary Wharf, Farnham, High Wycombe, Maidenhead or Slough, using the form provided. Please use the links provided to find more information on divorce or separation, child arrangements and other areas of family law.
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