According to a recent study undertaken by the Government and Reunite, a UK charity specialising in the movement of children across international borders, approximately 40% of all abduction cases are in fact wrongful retention’s – i.e. where a parent takes a child overseas with the other parent’s consent or in accord with a court order, but subsequently refuses to allow the child to return home at the end of the agreed or authorised period.
Abduction by retention
Unlike abduction by removal, abduction by retention is not thus far a criminal offence. Arguably the impact on children and the left behind parent in retention cases is no less or any less deserving of the criminal process, than were there a removal.
As the law stands at present, children who are retained outside of the UK are not offered the level of protection afforded to children in other abusive situations. Parental child abduction can cause real harm to children, who could potentially suffer great emotional trauma if they are relocated and denied contact with their left behind parent and extended family.
Reunite have campaigned for a change in the legislation and they have been given the support and backing of Sir John Stanley MP and Stephen Timms MP, co chairs of the All Party Parliamentary Group on child abduction.
It is the left behind parents and the abducted children who are the victims of not only removals but also retention’s. Efforts are being made to ensure that the law commission’s recommendations are advanced by the Government and legislation is changed to better support abducted children and left behind parents.
How can Nelsons help?
If you are affected by international child abduction or any other family law matter, please contact our Family Law team and a member of the team will be happy to discuss your circumstances in more detail and give you information about the services that we can provide. Please call 0800 024 1976 or contact us via our online form.