External Links
Child Abduction Unit (England)
Application Form (Abduction from England and Wales) 
Application Form (Abduction from Germany in English) 
Application Forms for Abduction from Germany in many languages
Foreign and Commonwealth Office page on Child Abduction
Child Abduction and Relocation
If one parent wants to move with the child away from where the other parent lives, it will always be hard for at least the other parent and probably also for the child. When the move is across an international boundary, the issues are going to be even tougher.
Depending on which countries are involved, the law uses different rules to deal with an application for the child to return:
- If the move is within the UK, the relevant law is the Children Act 1989 in England and Wales and its equivalents in Scotland and Northern Ireland.
- If the move is between two countries who are members of the Hague Convention on Child Abduction, the convention applies.
- If they are also member states of the EU (except for Denmark), EU Regulation 2201/2003, the “Brussels II” Regulation provides further options.
- If a child is taken to a country that is not a member of the Hague Convention, that countries’ local laws apply. The UK has achieved some progress on a diplomatic level, e.g. with Pakistan and Egypt to ensure more children are returned.
- If the child is taken from a non-Hague country to England, English domestic law applies and the child’s welfare is paramount. The decision is made under the Children Act 1989 and the return is not ordered as automatically as in a Hague case.
If you fear that the other parent might take the child out of England, you can take steps to try to prevent this.
If you are the parent who wants to move abroad with the child, you may need permission from the courts if the other parent has parental responsibility and does not agree, or you could face a return order under the Hague Convention or domestic law. You could even commit a criminal offence.
Andrea Woelke is an accredited specialist on child abduction. We do not have a legal aid franchise. If you are the left-behind parent abroad and there are proceedings under the Hague Convention in England, the Child Abduction Unit at the Official Solicitors Office, the Central Authority in England, will find you a solicitor who can take on the case on the basis of legal aid, which is free for everyone in this area only.
In all other cases, contact Andrea Woelke at Alternative Family Law for advice on your specific circumstances: ring or email us.
April 2009
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© Andrea Woelke 2009
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Disclaimer
This is an outline of the law, practice and procedure in England and Wales. It should not be taken as specific advice. All families and couples are different. The law may have changed since this was written and we therefore accept no liability for inaccuracies. Where examples are given, your personal circumstances may vary slightly, but the difference may be significant for the outcome of the legal process. Contact us for specific advice on your own circumstances.
We take no responsibility for the content of any web pages linked to outside Alternative Family Law.