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 Parental abduction in the UK is regulated by the 1984 Act. It is defined as “he removal, retention or concealment of a child or children by a parent, other family member or legal guardian in breach of custody rights, including visiting rights…”This is a situation where a person associated with the child takes them out of the country (place of habitual residence) without the consent of the persons exercising parental responsibility for the child or the court.

Due to the fact that the UK has left the European Union, EU regulations do not apply here. The provisions of the Hague Convention regulate parental abduction.

According to Article 3 of the Hague Convention on the Civil Aspects of International Child Abduction: ” e removal or retention of a child shall be considered unlawful if:

a) it occurs in breach of the rights of custody of the child granted to that person

b) at the time of removal or retention, those rights were, in fact, being exercised (…).

Before the child travels abroad, the consent of all persons exercising parental responsibility for the child must be obtained, or the consent of the court must be obtained.

If one parent takes a child abroad without the consent of the other parent, it may constitute a crime; the legal situation can be complicated depending on what happened and who has custody of the child.

Since the UK left the European Union, many people have decided to return to Poland or another EU country. In the event of divorce or separation, it is essential to establish where and with which parent the child will live. Before leaving, you must obtain the consent of the other parent to leave.

Suppose such consent has not been obtained, and you have decided to leave the UK. In that case, the other parent has the right to apply under the Hague Convention to return the child to their previous residence.

Article 13 of the Hague Convention states: “.”The judicial authority (…) shall not be obliged to order the chchild’seturn if (…)
(a) the person (…) having custody of the child at the time of removal or retention (…) did not, in fact, exercise custody rights over the child or consented (…) to the retention; or
(b) there is a severe risk that the cccchild’sreturnould expose them to physical or psychological harm or otherwise place them in an intolerable situation.”””” ppose you are considering moving outside the UK and are unsure about your rights. In that case, we will provide you with information on the legal rules and procedures, help you make the appropriate applications and guide you through the entire process.