If your ex has accused you of abducting your children to another country from England and Wales, there is a possibility that you could be prosecuted under the Child Abduction Act 1985. This is because it is a criminal offence to take any child who is under the age of 16 out of this jurisdiction without the consent of all people with parental responsibility or the permission of the court. This is a serious allegation and, if not dealt with promptly, you could experience severe penal repercussions.
Your ex may also bring civil proceedings against you for child abduction under the Hague Convention 1980, or under the Inherent Jurisdiction of the High Court in the alternative. There are a number of limited defences to international parental child abduction. However, if you have taken your children overseas for an extended period, or you have decided to move abroad with them permanently without your ex’s consent, you must take immediate steps to obtain consent from your ex or permission from the court for leave to remove your children from the jurisdiction. If you do not do so, you may be faced with a child abduction application, and if successful you will be required to immediately return the children to England and Wales.
Vardags’ family lawyers and in-house criminal defence experts are perfectly placed to advise you on any potential child abduction charge.
If you have moved abroad with your children without your ex’s consent, you could be at risk of being accused of child abduction, which is both a criminal and civil offence. There are serious criminal proceedings that could involve you being extradited to be brought before the criminal court of England and Wales.
However, the seriousness of these consequences can be mitigated if you take swift action to contact your ex and resolve the situation. Whatever your reasons for taking your child abroad, the faster you act the less likely the situation will result in onerous orders against you.
We offer a free consultation to qualifying individuals. Please call our confidential enquiry line on 020 7404 9390. Lines are staffed 24 hours.
When you contact us a member of our client relations team will take the full details of your situation, assess whether we can assist you, and if so, determine the best team for your case.
Vardags is one of the UK’s leading divorce law firms. We specialise in complex, high net worth and international cases. The Legal 500 has said of Vardags: “The team is noted for its sheer intellect”
Vardags is among the leading family law firms in the UK. Our solicitors specialise in complex cases for high net worth individuals, including international child relocation, child abduction, and prenuptial agreements. The Legal 500 has said that "clients feel in totally safe hands" with Vardags' Children & Family lawyers.
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Vardags is a leading UK law firm with expertise in complex disputes relating to a range of corporate law matters. Our team has a wealth of expertise to help clients with their legal needs.
Vardags is a successful and rapidly-growing law firm with an outstanding reputation for winning cases.
Vardags is a top law firm with a trailblazing fertility and surrogacy department. We have had success with some of the most groundbreaking cases of the last decade in the High Court, Court of Appeal, and Supreme Court, with rulings that have changed the law. Vardags remains at the cutting edge of fertility law, pushing for further improvement of the outdated legislation in place in Britain.
Vardags’ civil litigation team is renowned for its nous and its consistent ability to deliver results.
Vardags is a leading UK law firm, offering substantial expertise in company and commercial legal issues. Our company and commercial team is headed by leading experts, with decades of experience in their respective fields
Vardags is a top professional negligence law firm with expertise in complex and substantial claims. You may have seen our name in the press as our clients are often very high profile. Equally we settle many claims entirely out of the public eye. Our team is led by top professional negligence lawyer, Frank Ryan, who has over 30 years of experience across a range of professional negligence cases.
Vardags' wills and trusts team has the specific expertise to cater to the wills and trusts needs of high-net-worth and high-profile individuals. Richard Todd QC, Leading Counsel for Yasmin Prest said of Vardags: “a note to acknowledge your firm’s pivotal role in achieving such an outstanding result in the recent Supreme Court case of Petrodel v Prest”.
Vardags is a leading family law firm with specialist expertise in assisting clients who are experiencing domestic abuse. We appreciate that those in abusive relationships may face difficulties contacting us. We can provide additional discretion, such as arranging alternative meeting places and talking via our WhatsApp service.
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