Child Abductions and International Cases
Lyons Davidson has a team dealing with International Child Abduction, and cases with an international element, headed by Resolution Accredited Specialist Philippa Morgan, who has a wealth of experience in this field.
The team at Lyons Davidson specialise in acting for a party who has had a child wrongfully removed or wrongfully retained away from their usual place of residence. Philippa Morgan is on the Lord Chancellor’s International Child Abduction and Contact Unit Panel and receives instructions from parties abroad who have had children brought to this country. We also act for Defendants who are faced with an application under the Hague Convention. We can also advise parties about children who have been wrongfully removed from this country or who are being wrongfully retained away from this country and can put them in touch with lawyers in the appropriate jurisdiction.
Furthermore, we can provide advice to parties regarding international contact matters and for those parties seeking to relocate abroad.
Steps to be taken
There are a number of steps that can be taken when a child has either been wrongfully removed or wrongfully retained and it is important that there is as little delay as possible. When receiving instructions from the International Child Abduction and Contact Unit, we aim to obtain public funding and issue proceedings within 48 hours. When acting for a Defendant, it is imperative we are contacted without delay, as often we have to prepare urgent documents and attend a Court hearing.
Hague Convention
If the country where the child usually lives, is a signatory to the Hague Convention, an urgent application can be made to the High Court, under the Child Abduction and Custody Act 1985, 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 and/or arrangements for contact. If the country where the child usually lives is not signatory to the Hague Convention, we can advise upon the appropriate course of action to take, including Wardship proceedings, and liaise with lawyers abroad with a view to achieving the return of the child to this country.
Public Funding
A party making an application for the return of a child under The Hague Convention, will automatically be entitled to public funding. For all other cases, we can advise on applying for public funding.
Reunite
Reunite is the leading UK charity specialising in international child abduction and provides support, advice and information to parents, family members and guardians who have had a child abducted or who fear abduction. Their website can be found at 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 parties to discuss their concerns with a neutral party with a view to reaching an agreement without the need for court action.
Contact: Philippa Morgan or Alice Harrington