Jurisdiction(s):
United Kingdom

Key definition

Child abduction definition

What does Child abduction mean? In legal practice, child abduction describes the wrongful removal or wrongful retention of a child from the care or control of a person with parental responsibility/parental responsibilities and rights, or under a custody/child arrangements order, without the necessary consent or a court order. It includes taking or keeping a child out of the jurisdiction. The term is used across family and criminal law. In England & Wales and Northern Ireland, parental and non-parental child abduction offences are principally created by the Child Abduction Act 1984 and the Child Abduction (Northern Ireland) Order 1985. In Scotland, parental child abduction...

Non-Hague child abduction: temporary removal safeguards, wardship, enforcement, FCDO liaison and the Anglo‑Pakistan Protocol—practice and procedure (England and Wales)

Published by a LexisNexis Family expert

Practice notes

The need to pursue enforcement to effect a child's return from a non-Hague Convention state can emerge after an unanticipated, unheralded removal, or subsequent to consent or a court-authorised short-term removal. Refer to Practice Note: child abduction—wardship and inherent jurisdiction (non-Hague Convention) for the governing principles and procedural matters in such non-Hague cases. That Practice Note addresses enforcement in child abduction matters outside the Hague regime, including wardship, and sets out relevant practice and procedure. In March 2022, the President of the Family Division released revised guidance on coordination between courts in England and Wales and British Embassies and High Commissions overseas, detailing the steps to follow when judicial consular help is sought. These procedures were settled jointly by the President and the Foreign, Commonwealth and Development Office (FCDO). See: The Foreign, Commonwealth and Development Office. It explains procedural considerations alongside substantive principles and practical steps for enforcement, and outlines liaison routes for courts.

Retention after temporary removal

When a request is brought to take a child temporarily to a non-Hague Convention country, the court’s paramount question is whether granting such an order serves the child’s best interests...

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Web page updated on 21/05/2026

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