Family
Children Abductions
Lyons Davidson has a team dealing with International Child Abduction, headed by accredited specialist Philippa Morgan who has a wealth of experience in this field.
Child abduction can be the result of a couple splitting up, whether married or not, and one of the parties wishing to return to their home country. It may occur because one of the parents of a child/children decides to leave the country and take the children with them (wrongful removal) or because one of the parents fails to return a child/children to the main carer after a holiday or contact visit (wrongful retention). They may not even realise that they are acting unlawfully. Sometimes the “left behind” parent will know where the child is and sometimes not. The police, or a solicitor will contact the Central Authority of the country where the child is usually resident and the International Child Abduction Unit will then refer the matter to a solicitor with specific experience in this field, such as Lyons Davidson.
Steps to be taken
There are a number of steps that can be taken and it is important that there is as little delay as possible. Each case will be different. When a case is referred to Lyons Davidson, we will try to obtain as much information as possible and will advise on the best way to approach the matter.
Hague Convention
If the country where the child usually lives is a signatory to the Hague Convention, then an urgent application can be made to the High Court, under the Hague Convention, for the return of the child to their home country. It would then be for the court in that country to make any further decisions about where the child should live/arrangements for contact etc. Lyons Davidson has contacts with barristers who are highly experienced in representing clients in these matters.
Public Funding
Under the Hague Convention, a parent making an application for the return of a child will automatically be entitled to public funding. If the parent consulting Lyons Davidson is defending an application then we can advise on applying for public funding.
Reunite
Reunite is a charity which can provide support, advice and information about child abduction. They have a website : www.reunite.org or you can call their Advice Line: +44 (0) 116 2556 234. Sometimes, if appropriate, Lyons Davidson will arrange for Reunite to provide a mediation service for the parents of an abducted child to discuss their concerns with a neutral party and, hopefully, come to an agreement without the need for court action.
Contact: Philippa Morgan or Helen Wheeler