International Child Abduction

At 8118 Law, we provide comprehensive legal advice and representation in cases of international child abduction. We are well-versed in the intricacies of the Hague Convention,, offering tailored support to navigate through this challenging legal process. In the majority of international abduction cases, you will be eligible for legal aid. Whether you decide to pay privately or are legally aided, , we are here to advise and represent you.

Understanding the Hague Convention on International Child Abduction

The Hague Convention on the Civil Aspects of International Child Abduction is an international treaty aimed at protecting children from wrongful removal or retention across international borders. It provides a legal framework for ensuring the prompt return of abducted children to their country of habitual residence. The primary objective is to deter international child abduction and safeguard the child’s welfare and well-being. For a full list of contracting states, Click Here.

How We Can Help You

Expert Guidance and Representation – We offer expert guidance and representation throughout the application process under the Hague Convention. We are dedicated to helping you understand your rights and the legal remedies available to you. We provide clear and concise advice tailored to your specific situation, ensuring that you are fully informed every step of the way.

Application Process for Hague Convention Cases

1. Initial Consultation and Case Assessment – During the initial consultation, we will assess your case to determine the most appropriate course of action. We will discuss the details of the abduction, including the child’s current location, the circumstances of the removal or retention, and any relevant legal documentation.
   

2. Preparation and Submission of the Hague Application – Once we have gathered all necessary information, we will assist you in preparing and submitting the application to the Central Authority. This application will include detailed information about the child, the left-behind parent, and the abductor, as well as supporting evidence such as court orders and custody agreements.
3. Application to the UK High Court for Return Orders – In some cases, it may be necessary to apply to the UK High Court for a return order. This step may be appropriate when there are disputes over jurisdiction, or in cases where the abduction has been to a non-contracting state. We will represent you in these proceedings, advocating for the prompt return of your child and protecting your parental rights.
4. Representation in Court Proceedings – If the case proceeds to court, we will represent you in all legal proceedings. We will advocate for the prompt return of your child and protect your parental rights. We will also assist in negotiating any potential settlements and addressing any challenges that may arise during the process.
5. Post-Return Support, Enforcement, and Child Arrangements Orders – After the successful return of your child, we can continue to provide support to ensure the enforcement of return orders and address any ongoing legal issues in respect of child contact and long term child arrangements.

Defences to Hague Convention Applications

There are several defences available under the Hague Convention that may be raised in response to an application for the return of a child. These include:

1. Consent or Acquiescence – If the left-behind parent consented to the child’s removal or retention, or subsequently acquiesced in it, this can be a valid defence.
2. Child’s Objections – If the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of their views, this can be considered.
3. Grave Risk of Harm – If returning the child would expose them to a grave risk of physical or psychological harm or otherwise place them in an intolerable situation, this defence can be raised.
4. Child Settled in the New Environment – If the child has been in the new country for more than 12 months and is now settled, this can be a defence.
5. Violation of Fundamental Human Rights – If returning the child would violate their fundamental human rights, this can be raised as a defence.

Regardless of whether you have been falsely accused of abduction yourself, or are applying to get your child back from an abductor, we can give advice and represent your interests.

While many parents are concerned about the child arrangements upon return, it is important to note that the home court will usually decide on contact and child arrangements, rather than the court in the country to which the child has been abducted.

Payment Options

In most international abduction cases, you are eligible for legal aid. We can assist you and ensure that you are in touch with someone who can put your legal funding in place. If you prefer to pay privately and not be restricted to the limitations of legally aided representation, we offer competitive rates and transparent billing practices. We can work with you to develop a suitable payment plan, ensuring that you receive the best possible representation.

Contact Us Today

If you are facing an international child abduction case, do not hesitate to reach out to us for expert legal advice and representation. Contact us today to schedule a consultation. Call 0345 257 1981.