If you are worried that your ex-partner may try to take your child out of the country without your consent, this can be an extremely frightening and overwhelming situation. However, there are legal steps that can be taken quickly to protect your child and prevent international parental child abduction. This article explains the warning signs to look out for and the protective measures and remedies available under Scots law.
You may experience a number of warning signs that your ex is planning to remove your child from Scotland without your consent. Some signs may be more obvious, such as outright threats to take your child away or your child reporting that they are moving to another country. However, there may be less obvious signs such as increased contact with family and friends abroad, sudden requests for documents relating to the child such as birth certificates or passports and sudden changes to routine/family life such as selling their house or giving up their job.
If you recognise any of these warning signs and believe that there is a real risk that your ex intends to remove your child, you should take urgent legal advice. Even if you simply have a gut feeling you should still seek legal advice to determine whether any action should be taken.
If there is concern that your child may be removed from the UK without your consent, then you can raise a court action to seek a court order preventing their removal from the UK (Known as an ‘Interdict’). You can also seek an order for your child’s passport(s) to be surrendered to the court. Depending on the contact your ex has with your child, you may also seek a court order preventing them removing the child from school or nursery. These orders can be obtained urgently from the court by seeking an urgent hearing before a Sheriff or Judge often on the same day that you raise court proceedings.
Once an interim interdict is granted by the court preventing the removal of your child from the UK, the police can be asked to put a Port Stop in place. A Port Stop is essentially a child abduction alert at all border crossings out of the UK. It is envisaged that if your child is passing through an exit point where checks are made, the authorities are able to intervene to prevent your child being removed from the UK. It should be noted that Port Stops are not foolproof measures as not all UK exit points have compulsory checks. Despite these limitations, a Port Stop can be a very effective additional safeguard.
These may seem like drastic measures, but when it comes to cases of international child abduction, it is always preferable that preventative measures are taken. However, steps can also be taken to recover a child after an abduction has already occurred.
If your ex has removed your child from the UK without your consent or consent of the court, then this will be a case of international parental child abduction. In such circumstances, you should seek urgent legal advice from a family lawyer with expertise in international child abduction cases.
Along with many other countries, the UK is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction 1980. This is an international legal instrument which seeks to secure the prompt return of a child to their country of habitual residence where they have been wrongfully removed or retained. You can make an application via the Scottish Central Authority (the Scottish Government) for return of your child to Scotland. This application is then transmitted to the Central Authority of the country where the child is present, and proceedings are undertaken in that jurisdiction seeking return of the child to Scotland.
If your child has been removed to a country which is not a signatory to the 1980 Hague Convention there are alternative procedures to seek their return which your solicitor should be able to advise you on.
If you have any concerns that your child is likely to be removed from the UK without your consent or that they have already been removed then you should obtain urgent legal advice from specialist family lawyers who have experience in international child abduction/relocation.
BTO’s Specialist Family Law Team is on hand to provide urgent legal advice to anyone who is concerned about international child abduction, or who has been served with court papers seeking the return of their child to another country. We understand how frightening and stressful these situations can be and are highly experienced in obtaining urgent protective orders from court and providing clients with straightforward and practical advice. Please do not hesitate to contact us for advice.
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