International Child Abduction Solicitors

When a child is taken from their home or out of the country without the consent of both parents, it is considered child abduction. This is a traumatic experience for both the child and the left-behind parent, and the process of finding and bringing a child home can be a complex legal process. Tyrer Roxburgh are specialist child abduction solicitors who can assist with cases of international child abduction.

Advice on Child Abduction

When choosing a child abduction solicitor, it is essential to look for someone who specialises in this area of law. They should demonstrate experience in handling similar cases and a track record of success. Tyrer Roxburgh Child Abduction Solicitors are more than happy to outline their expertise and experience during a free introductory call. If the cost of advice is a concern, Legal Aid may be available.

Recent Child Abduction Cases

Defending a Client Accused of Child Abduction

We acted for the mother of three children aged 13, 11, 9. The family moved to New Zealand due to father’s work commitments. They were British Citizens and had lived in New Zealand for 6 years. Our client and her children suffered domestic abuse from the father, which resulted in them fleeing New Zealand and returning to the UK. The father claimed the children had been abducted by their mother (our client) and made an application to the court for their return. Our child abduction solicitors defended the mother, claiming the children had already returned to their “homeland”, they had been registered in schools and were happy, thriving and settled. Consequently, we obtained evidence that father had lost his job in New Zealand and the family home was on the market for sale.

This was a fortunate case whereby father decided to withdraw his application due to his decreasing prospects of success. The children’s position was very clear that they did not want to return to New Zealand. They were happy and mother had so much more of a supportive network in the UK, surrounded by family and friends. It was clearly in the children’s best interests to remain in the UK.

Securing the safe return of children taken to Iran

This case stemmed from child arrangement proceedings and involved the maternal grandparents who were fighting to spend time with their grandchildren. Their daughter, the children’s mother had passed away from Covid in 2021 and the father was being obstructive. A final order was made by the court, allowing the children to spend time with their beloved grandparents but the father uprooted the children to Iran. This was a very unusual case as technically they were not “abducted” as the father was the only person with parental responsibility. However, their were grave concerns surrounding the safety of the children due to father’s mental health and of course there was the issue of him breaching the court order which allowed the grandparents to see the children. The main difficulty faced was that Iran is not part of the Hague Convention. Nevertheless, a disclosure order was obtained for the father’s wife to disclose the whereabouts of the children, a port alert order and a prohibited steps order for the children not to removed from the jurisdiction upon their return. The children were also made Wards of the court so that the court took responsibility for them. Eventually the children’s whereabouts in Iran were disclosed by the father who eventually engaged as a result of the pressure and serious nature of the proceedings.

If you have a question about our services, please use our online form to send us an email.

If you need to speak with someone you will always receive a friendly welcome if you telephone between the hours of 9am-5pm but if we are closed, you can  request a callback. We will call you back as near to your requested time as possible.

What is Child Abduction?

Understanding the Legal Definition

Child abduction is defined as the act of taking a child from their home country without the consent of both parents or legal guardians. This can happen in various scenarios, often during a child custody battle or when one parent, or other extended family member, unexpectedly takes the child without the other parent’s knowledge or permission.

Child abduction is a criminal offence under the Child Abduction Act 1984. It is also a violation of the Hague Convention on the Civil Aspects of International Child Abduction, which is an international treaty that aims to protect children from the harmful effects of abduction.

The Impact on Families

Child abduction can have a devastating impact on families. It can cause emotional distress for both the child and the left-behind parent, as well as disrupt the child’s education and relationships. In some cases, the child may be taken to a country where they do not speak the language or have any support system, making the situation even more traumatic.

For the left-behind parent, the fear and uncertainty of not knowing where their child is or if they are safe can be overwhelming. It can also be financially and emotionally draining to navigate the legal process of trying to bring their child back home.

Its hugely important to seek legal advice from specialist child abduction solicitors who understand the legalities and are hugely compassionate to your situation. In the highly traumatic scenario of child abduction, you are likely to need both legal and emotional support.

The team at Tyrer Roxburgh are here for you!

Preventing Child Abduction

If you suspect that your child or children are in danger of child abduction, then there are options to prevent them from being taken from you.

The Prohibitive Steps Order

A Prohibitive Steps Order is a legal order issued by a court that prevents a parent or guardian from taking certain actions regarding their child without the court’s permission. In the context of child abduction, a Prohibitive Steps Order can be used to prevent a child from being taken out of the country or to specify certain actions that are prohibited, such as changing the child’s school or country of residence without consent. This order aims to protect the child and maintain the status quo while legal proceedings are ongoing.

The Port Alert

A Port Alert is a notification issued to border control authorities and ports to prevent a child from being taken out of the country in cases of child abduction. It is a measure used to help locate and stop the child from leaving the country without proper authorisation. For more information on the Port Alert please visit: Port Alerts and Family Law

If your Child has been Abducted

We have the knowledge, experience and contacts to advise you on the best course of action to locate and reunite you with your child or children.  The course of action will depend on the country they have been taken to but the Team at Tyrer Roxburgh can help invoke the Hague Convention, deal with the domestic police, foreign police and Interpol and instruct any other professionals that are required to secure the safe return of your child or children.

The Role of Child Abduction Solicitors

Specialised Knowledge and Experience

The Tyrer Roxburgh child abduction solicitors are legal professionals who specialise in cases of child abduction. They have in-depth knowledge and experience in this area of family law, making us well-equipped to handle these complex cases.

We understand the legal processes and procedures involved in child abduction cases, as well as the emotional toll it can take on families. This specialised knowledge and experience allows us to provide the best possible support and guidance to our clients.

Assisting with the Return of the Child

The primary goal of a child abduction solicitor is to assist with the return of the child to their home country. We work closely with the left-behind parent to gather evidence and build a strong case to present to the Court.

We also work with international authorities and legal teams in the country where the child has been taken to ensure that all legal avenues are explored. This may involve working with the Hague Convention or other international laws and treaties.

Representing Clients in Court; Access to the best Barristers

When the child has been taken to another country, the legal process can become complicated. Our child abduction solicitors will either represent their clients in Court the UK or work alongside a specialist barrister when necessary. If they are unable to personally represent clients in the country where the child has been abducted to they will source and work alongside a reputable legal representative from that country.

Legal Aid

Individuals who are facing child abduction cases may qualify for Legal Aid if they meet certain financial eligibility criteria.

As a leading legal aid firm in London we have the know-how to advise if you qualify and we can help with the process to obtain legal aid. This is crucial in cases where the left-behind parent may not have the financial means to cover legal fees. Legal aid can help alleviate some of the financial burden which will help remove some of the stress.

Mediation

Our child abduction solicitors will act as a mediator between the left-behind parent and the other party, helping to facilitate communication and negotiations in a professional and unbiased manner. It’s really important to focus on the goal of negotiations, to bring the child home safely; effective professional mediation will focus on that goal and not point scoring or punishment.

Why Choose Tyrer Roxburgh’s Child Abduction Solicitors

Specialisation and Experience

When choosing a child abduction solicitor, it is essential to look for someone who specialises in this area of law. They should demonstrate experience in handling similar cases and a track record of success. Tyrer Roxburgh Child Abduction Solicitors are more than happy to outline their expertise and experience during a free introductory call.

Consider Their Approach and Communication Style

It is crucial to choose a child abduction solicitor who you feel comfortable working with. They should have a professional and empathetic approach to your case and be able to communicate clearly and effectively with you. This is essential to the success of your case which is why, in these circumstances we offer a free initial consultation.

During your initial consultation, pay attention to how we explain the legal process and a potential strategy for your case. We need you to feel comfortable with the communication style and approach; a good professional rapport with your legal advisor will enhance the likelihood of a successful outcome.

We pride ourselves on being friendly and approachable so if you need advice from one of our friendly solicitors, please do get in touch by calling 0208 889 3319 or via one of the options below.

The first introductory call is free and enables you to outline your circumstances and for us to explain how we can help. Our team are friendly and approachable and are always happy to answer your questions.

If you have a question about our services, please use our online form to send us an email.

If you need to speak with someone you will always receive a friendly welcome if you telephone between the hours of 9am-5pm but if we are closed, you can  request a callback. We will call you back as near to your requested time as possible.