Is your child being kept overseas against your wishes?
- Are you worried that your child will be taken overseas without your consent?
- Has your child been taken overseas without your consent?
- Have you brought your child into the UK from abroad?
- Are you being denied contact with your child overseas?
If the answer to any of the above is yes, then Blakemores can provide you with important advice and take immediate action which is often required in such cases.
Often asked…
What can I do If I believe there is a risk that my child may be abducted from England?
Where abduction is feared and there is evidence to support that fear, we can advise you and make an application to the Court for a prohibited steps order to restrain either or both parents, from taking the child abroad.
What can I do if my child has been removed from my care within England and Wales?
We can assist you in obtaining orders for the disclosure of a child's whereabouts, to order the recovery of a child, to restrict the removal of a child from the United Kingdom, to activate the “ports alert” procedure and to require the surrender of any passport containing details of a child.
If the child cannot be found then a wide range of orders may be made under the High Court's inherent jurisdiction with respect to children or within wardship proceedings, including "Seek and Find" orders, orders restraining persons from leaving the jurisdiction and requiring the surrender of passports.
What if a parent wants to take the child abroad but there is a risk that the parent will not return the child?
It is possible to ask the court to allow the visit only on condition that the person taking the child abroad lodge a sum of money in court, (a bond - or a charge on property) which will be forfeit if the child is not returned.
What happens if the child has been abducted to England from a Country within the European Union?
The Central Authority of the country concerned will forward an application to the International Child Abduction and Contact Unit (ICACU) for England and Wales. The Central Authority will then forward the application to us and we will then make all the necessary applications to the court on your behalf.
What happens if my child has been abducted from England?
We submit an application to the ICACU. Once the ICACU receives the application, it is sent off, with translations if necessary, to the Central Authority of the country to which the child has been abducted.
Thereafter, we will monitor the progress of the case, liaise with the ICACU and the Central Authority of the requested state. Once the child has been returned we will advise you as to how to secure your position under English Law and help bring your case to a successful conclusion.
How much will it cost?
In most countries no payment for legal proceedings is required for outgoing applications.
Non means tested (free) legal aid is available to meet the applicant's legal costs for incoming applications for the return of a child from the England and Wales.
Any expenses involved when returning the child are not covered but we can request that an order for travel costs be made against the person who has removed/retained the child.
