• What do I do if my child is abducted?
• What is the punishment for child abduction?

What is child abduction?

Child abduction is the removal or retention of someone aged 16 or below by someone who’s either in breach of a court order or is without the consent of the parent(s) or a person(s) who have parental responsibility for the child.

There are two forms of child abduction, which are:

Parental child abduction

In short, parental child abduction is when a person connected to the child has taken the child outside the UK for more than 28 days without the appropriate consent.

Consent can be written or verbal but must come from someone considered connected with the child. People the law considers connected to a child include:

• A parent of the child.
• A guardian or special guardian of the child.
• In a circumstance where the parents aren’t married or civil partners at the time of the birth, there are reasonable grounds for believing he is the child’s father.
• A person named in a child arrangement order as someone with whom the child is to live with.
• They have some form of custody of the child.

Someone only has ‘appropriate consent’ when all of the following applies:

1. You get the consent of each of the following:

• The child’s mother or father.
• Any guardian or special guardian of the child.
• Anyone named as the person the child should live within a child arrangements order.
• Any person who has custody of the child.

2. The court has approved it under part II of the Children Act 1989

3. Someone who has custody of the child will need the court’s approval from the court that awarded custody to them.

How to prevent your child from being abducted?

If you’re looking to prevent child abduction, it’s best to look out for any warning signs.

In terms of parental child abduction, the warning signs include:

• A parent is suddenly showing an interest in knowing where a child’s passport and birth certificates are.
• A parent is expressing a wish to take children on holidays without the other parent.
• Change in circumstances, such as a parent leaving their job or accommodation.
• A parent putting their belongings into storage. 

In terms of stranger child abduction, the warning signs include:

• Someone who has been suspiciously hanging around your children’s school or playground.
• A stranger who’s previously approached your child.

In this circumstance, it’s best to call the police to report the individual.

If you want more information on preventing child abduction, please get in touch with our solicitors on 020 3007 5500.

What do I do if my child is abducted?

If your child is a victim of abduction, you must contact the police on 999. When you contact the police, it’s essential to have the following information to hand:

• Your child’s full name, age, date of birth and passport details.
• Details of the abductor. For example, if it’s a case of parental abduction, who the abductor is and their details.
• Any details of the abduction. 
• Any court documentation relating to your child. For example, a Child Arrangement Order.
• Other documentation relating to your child. For example, your child’s birth certificate.

What is the punishment for child abduction?

Child abduction is a serious criminal offence and can result in a maximum penalty of seven years imprisonment. However, it’s important to note that anything the abductor does to the child can add to the sentence they receive.

Child abduction is an either-way offence. An either-way offence can be heard at either the Magistrate’s Court or the Crown Court.

The Magistrate’s Court is a criminal court for typically less severe offences. Examples of these offences are trespassing and public disturbance. 

The Crown Court handles more severe cases. Examples of these serious offences include murder and manslaughter.