My ex is accusing me of abducting our children

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.