Published by Amanjit Lalli on 24 December 2025

The Hague Convention provides essential protection for children wrongfully removed or retained across international borders. This multilateral treaty, developed by the Hague Conference on Private International Law, was established in 1980 and entered into force in 1983 to safeguard children from the harmful effects of international parental abduction by facilitating their prompt return to their country of habitual residence.

Understanding Child Abduction Under UK Law

Child abduction occurs when a person takes or sends a child under the age of 16 out of the UK without the appropriate consent of all those with parental responsibility or without the permission of a court. There are two distinct types recognised in law.

Wrongful removal involves taking or sending a child abroad without agreement from all those who have parental responsibility. This constitutes a criminal offence in England and Wales under the Child Abduction Act 1984, carrying a maximum penalty of seven years’ imprisonment. Wrongful retention occurs when a child has been kept in a foreign country following an overseas trip without the required consent. Whilst this breaches civil law, wrongful retention is not classified as a criminal offence, meaning police involvement is unlikely.

Purpose of the Hague Convention

The primary goal of this international treaty is to ensure that custody decisions are made by the appropriate court in the child’s country of habitual residence, not by one parent unilaterally removing the child to another country. The Convention serves multiple protective functions:

Protects children from wrongful removal or retention across international borders
Deters international parental abduction by parents
Respects the custody arrangements and jurisdiction laws of contracting states
Ensures the prompt return of abducted children to their home country so custody issues can be properly resolved

How the Convention Works

When a child under the age of 16 is wrongfully removed from their country of habitual residence or retained in another country against the rights of custody, the parent left behind can file an application for the child’s return under the Hague Convention. Each signatory country designates a Central Authority to facilitate the process. In the UK, the International Child Abduction and Contact Unit (ICACU) serves as the Central Authority.

The Central Authority assists in locating the child, facilitates communication between countries, and facilitates voluntary return or court proceedings. If voluntary return is not achieved, courts in the country where the child is located will review the case to determine whether the removal was wrongful and whether the child should be returned. Brussels IIa expressly requires that cases be dealt with expeditiously within six weeks except in exceptional circumstances.

Understanding Habitual Residence

For the Convention to apply, it must first be established where the children are habitually resident. Habitual residence is a legal term referring to the place where a person lives regularly and considers to be their home. For children, habitual residence is the place where they are “integrated in a social and family environment”.

Factors Courts Consider

Courts consider several factors when determining a child’s habitual residence:

The country in which the child attends school
The language the child speaks
Where the child is registered with doctors, dentists, or other specialists
Where the child’s family are based and what relationships the children have with family members
Where the child’s friends live

There is no set timeframe for a child to acquire a new habitual residence, and it can be established in a short period if supported by the factors mentioned above. However, there must be an element of stability before it can be considered habitual residence.

Criteria for Return Orders

To obtain a return order under the Hague Convention, the applicant must demonstrate three key elements:

The child was habitually resident in the requesting country before the abduction
The removal or retention was in breach of custody rights under the law of the home country
The custody right was being exercised at the time of the removal or retention

Exceptions to Return

The treaty includes limited exceptions where return may not be ordered:

Grave Risk of Harm

If returning the child would expose them to physical or psychological harm or place them in an intolerable position.

Child’s Objections

If the child is of sufficient age and maturity and objects to being returned.

Settlement

If more than one year has passed since the wrongful removal, and the child is well settled in the new environment.

Consent

If the parent left behind consented to or later accepted the removal or retention. Consent must be clear and unequivocal, but does not have to be given in writing or in any particular terms. It may be manifested by words and inferred from conduct. However, consent that would not have been given but for material deception or misrepresentation will not be valid.

Signatory Countries

Over 100 countries are parties to the Convention, including the United States, Canada, the UK, most EU nations, Australia, and many others. The effectiveness of this international framework depends on cooperation between countries and the functioning of their legal systems.

Countries that have not signed up to the treaty include Afghanistan, the United Arab Emirates, Egypt, and India. In cases involving non-signatory countries, the recovery of an abducted child becomes significantly more difficult, often requiring navigation of complex legal systems and inconsistent international laws.

Preventing International Child Abduction

Understanding when you can lawfully take your child abroad is crucial to avoiding accusations of child abduction. If you want to travel abroad with your children, you need the consent of every person with parental responsibility. Parental responsibility is automatically given to birth mothers and to married or civil partners at the time of the child’s birth. For births registered after 1 December 2003, unmarried fathers whose names appear on the birth certificate also have parental responsibility.

Legal Exceptions for Travel

If you have a Child Arrangements Order stating that a child lives with you, you can travel abroad for up to 28 days without the consent of the other parent. However, it remains advisable to inform the other parent in advance and provide details of your travel plans.

Preventative Measures

For those facing relationship breakdowns with international elements, several preventative measures can protect against potential abduction:

Obtain a Prohibited Steps Order to prevent a parent from taking the child abroad without permission
Ensure custody agreements are clear and legally enforceable
Consider surrendering passports or placing them with a neutral third party
Register with the relevant authorities if there is a significant risk

Managing international custody arrangements requires careful consideration of these legal safeguards, particularly when parents have connections to different countries.

Challenges Facing the Convention

Despite success in many cases, the Hague Convention system faces several challenges. Some countries may sign the treaty but fail to enforce it effectively. Court proceedings in some jurisdictions can be lengthy, undermining the goal of prompt return. Additionally, differences in legal definitions of custody and family law can complicate cases.

What to Do If Your Child Has Been Abducted

If your child has been taken abroad or wrongfully retained, immediate action is essential:

Report the incident to the police immediately
Contact the International Child Abduction and Contact Unit (ICACU) if the child has been taken to a Hague Convention country
Seek urgent legal advice from a solicitor experienced in international cases
The police can contact Interpol if the child’s location is unknown
Ask your local police to issue a Port Alert if your child is likely to be taken abroad within 48 hours

Time is critical in international child abduction cases, as acting quickly increases the chances of achieving a successful outcome.

Get Expert Legal Support

Contact our specialist team, who can assist in navigating complex cases, whether you are seeking the return of your child or need representation to prevent the return of your child. Our Ms Lalli is a specialist family lawyer accredited by the UK government’s International Child Abduction and Contact Unit to handle urgent international child abduction cases. Contact us on 0203 794 8280 for advice.

FAQs About The Hague Convention and AbductionThis is the title

1What is the Hague Convention on Abductions?

The Hague Convention on the Civil Aspects of International Child Abduction is an international treaty established in 1980 that aims to protect children from the harmful effects of international parental abduction. The Convention provides a structured legal framework to ensure the prompt return of children wrongfully removed or retained across international borders to their country of habitual residence. Over 100 countries are signatories to this treaty, and it operates through Central Authorities in each member state that assist in locating children and facilitating return proceedings.

2What is the abduction law in the UK?

Under the Child Abduction Act 1984, it is a criminal offence for a person connected with a child under the age of 16 to take or send the child out of the United Kingdom without the appropriate consent. Appropriate consent means the consent of the child’s mother, the child’s father (if he has parental responsibility), any guardian, and any special guardian of the child. Wrongful removal constitutes a criminal offence carrying a maximum penalty of seven years’ imprisonment, whilst wrongful retention is a civil matter. The law also provides civil remedies through applications to the family court for Prohibited Steps Orders, Child Arrangements Orders, and other protective measures.

3What’s the difference between kidnapping and abduction?

In England and Wales, child abduction and kidnapping are distinct offences. Kidnapping is defined as an attack on or infringement of personal liberty, consisting of taking or carrying away one person by another by force or fraud, without consent and without lawful excuse. Child abduction offences under the Child Abduction Act 1984 are different in principle from kidnapping. Specific laws state that if a child is abducted by their parent, this is not kidnapping. Kidnapping generally involves force, threat, or deceit with the intent to detain someone against their will, often for ransom or other purposes, whilst abduction in the parental context focuses on removal without appropriate consent from those with parental responsibility.

4Does intent matter in abduction cases?

Intent is relevant in cases brought under the Hague Convention, particularly concerning the consent exception. The inquiry is fact-specific, and the ultimate question is whether the remaining parent had clearly and unequivocally consented to the removal. The presence or absence of consent must be viewed in the context of the common sense realities of family life and family breakdown, not in the context of contract law. The words and actions of the removing parent may be a significant indicator of whether that parent genuinely believed that consent had been given, and consequently an indicator of whether consent had in fact been given. Consent that would not have been given but for material deception or misrepresentation on the part of the removing parent will not be valid.

5Can one parent take a child away without the other parent’s consent?

Generally, if both parents have parental responsibility, one parent cannot take a child abroad without the other parent’s consent. However, there are important exceptions. If a parent has a Child Arrangements Order stating the child lives with them, they can take the child abroad for up to 28 days without consent from the other parent . A person with a Special Guardianship Order can take the child abroad for up to three months without consent. Failure to return the child once these periods expire constitutes wrongful retention for the Hague Convention. Taking a child abroad without appropriate consent in other circumstances constitutes child abduction under the Child Abduction Act 1984.

The Hague Convention and International Child Abduction: A Complete Guide for Parents