Child abduction solicitors
Our specialist child solicitors are dedicated to working collaboratively with you, whether you are considering a move overseas with a child or to ensure your child’s safe return if they have been wrongfully retained or removed.
Parents might not be aware that it's possible to be accused of abducting their own children. Moving to another country with your children, without agreement from their other parent, can be child abduction, as is taking them overseas without agreement or a court order, even for a holiday.
If you’re considering a holiday, or moving overseas with your children, it’s vital to speak to a family lawyer to ensure you do things in the right way. Alternatively, if you oppose such a move, taking early legal advice can help you to strengthen your position.
If you're worried about abduction risks, your children not coming back from an overseas stay, or being accused of child abduction, our expert solicitors are here to offer guidance and support. It can be vital to act quickly.
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International child abduction solicitors
The unlawful retention or removal of a child to another country without the permission of the other parent is considered to be child abduction.
Many parents who abduct their child have no idea that they have done anything wrong until they are contacted by the other parent’s legal team, served with court papers or even the police arrive at their door.
This can be confusing for families, especially those that have lived an expatriate or transient lifestyle. In some circumstances, you may feel you are just returning ‘home’ with your children as you always intended to. In other circumstances, you may feel you had no choice but to leave the country you were living in. Parents move their children from one country to another for varying reasons.
If you have abducted your child, whether unintentionally or not, it is important not to ignore the situation, and to discuss your legal and practical options with an expert. Not all family lawyers have extensive experience with international cases. Seek legal advice from a specialist lawyer immediately for information, advice and support.
Accolades
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The team provides an exceptional service of early, clear and realistic advice, very high attention to detail, considered and careful analysis of all realistic angles, and options to ensure that every step is taken at the appropriate time to ensure that the client's interests are best promoted and secured.
Legal 500 2026 -
The team offers a professional service. All of the members of the team I have dealt with have been knowledgeable and committed to getting the best result for the client.
Legal 500 2026 -
The care taken by the team is remarkable and reassuring for clients.
Legal 500 2026 -
An efficient team performing at a high level.
Legal 500 2026 -
A wonderful team who offer pragmatic advice whilst robustly defending the interests of their clients.
Legal 500 2026 -
Weightmans family law department is very dynamic. Being part of a larger firm means that they are able to draw on the expertise of other departments in the firm, which can be extremely helpful.
Legal 500 2025 -
Highly specialised family law team with a breadth of experience.
Legal 500 2025 -
The team at Weightmans is well known and respected in the family law market... They approach complex family law matters in a straightforward manner that is focused on resolution for their clients.
Legal 500 2025 -
The team is made up of extremely capable individuals dealing with complex and high-net-worth work. They are all technically very sound and work in a collaborative way with other lawyers.
Legal 500 2025 -
Weightmans have expanded hugely their family law capacity which is testament to their aspirations within this space... Experience, reputation and depth all add to the overall approach.
Legal 500 2025 -
The family team are totally focused on assisting clients to identify their immediate needs as well as helping them to gain clarity around the future. They take a family focused view and work on the assumption that court action should be avoided if at all possible by working collaboratively with other solicitors.
Legal 500 2025 -
The team provided fantastic communication and sound advice throughout the process. All possible outcomes and costs were set out at the beginning - they couldn’t have been more helpful.
Chambers 2025 -
The team showed total professional attention to detail and gave me inspiration to continue even when things seemed unsurmountable.
Chambers 2025 -
They couldn’t be more efficient and nothing is ever too much trouble for them.
Chambers 2025 -
Clients get what they pay for at Weightmans in that the preparation is meticulous. They are so good at looking after the client and making sure that everything is where it needs to be.
Chambers 2025 -
The lawyers are very experienced with knowledge encompassing a broad range of family law issues. They are adept at dealing with cross-border disputes and I would rate them as very strong in this area.
Chambers 2025 -
Weightmans is very up to speed in the latest legal trends and has good connections with the legal profession.
Chambers 2025 -
Weightmans has technically competent lawyers with a focus on solutions and the team is very pleasant to deal with, which benefits their clients.
Chambers 2025 -
Weightmans is efficient, experienced and professional. The team has an excellent range of experiences and ability, and they provide immediate responses.
Chambers 2025
What permission do I need to take my child abroad?
If you are planning to take your child overseas, it is critical that you ensure you have the right permission before doing so.
The permission you will need depends upon the law in the country where you reside, as well as who has parental rights for your child, what agreements you have in place with the child’s other parent, and if there are any court orders in place.
Even if you believe you have the right to take your child across international borders, it is always best to check.
How do I stop my child from being taken out of the country?
It is possible to get an urgent Prohibited Steps Order to prevent your child from being taken out of the country. These can be granted on short notice and, in certain circumstances, without informing the child’s other parent until after the order is in place.
In high-risk cases where the threat of child abduction is immediate, it can also be possible to get a Port Alert to block any attempt at leaving the country.
I don’t want to issue court proceedings. Can I resolve this without court?
Child relocation and child abduction cases require analysis and careful consideration of all the issues. Plenty of cases can be resolved by mutual agreement without court proceedings.
You should seek expert legal advice as soon as possible. Lawyers do more than just represent at court; they can negotiate, mediate and signpost you to suitable agencies and support networks.
Have I committed a wrongful removal or a wrongful retention?
Child abduction falls into two categories; wrongful retention and wrongful removal.
A wrongful retention is when it is agreed a child can leave the country they are living in for a short period of time, such as a holiday, but the child does not come back at the end of the trip.
If you are considering international child relocation it is important to gain consent and understand how to navigate the legal complexities.
A wrongful removal is when a child is taken out of the country they were living in without the consent of both parents or a court order.
Is it a criminal offence?
In England and Wales, the wrongful removal of a child is a criminal offence, but wrongful retention is not. This means that the UK police may provide assistance when a child has been wrongfully removed, but are unlikely to be able to do anything if the child has been wrongfully retained.
In Scotland, there needs to be an existing court order in place for a wrongful removal to be a criminal offence, but such orders are not needed in England and Wales.
The position in other countries varies.
Even if criminal action is not taken, the other parent seeking the return of the child may be able to issue court action to ensure the child is returned.
How can I defend an accusation of child abduction?
Establishing a successful defence is complicated. A defence may or may not apply to your particular set of circumstances. In-depth analysis should be considered with an expert lawyer before advancing such a defence.
Frequently asked questions
