Jurisdiction(s):
United Kingdom

Related legal acts

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...

Child abduction to/from non-Hague countries: wardship and the High Court's inherent jurisdiction in England and Wales - principles, procedure, case law and practice guidance

Published by a LexisNexis Family expert

Practice notes

This Practice Note

This Practice Note sets out the provisions governing wardship and the court’s inherent jurisdiction in Child abduction cases where the country involved is not a signatory to the Hague Convention on Civil International Aspects of Child Abduction 1980 (the 1980 Hague Convention) or the 1996 Hague Convention on Jurisdiction, Applicable law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children (the 1996 Hague Convention), and addresses the principles to be applied and procedural considerations. For practical assistance on proceedings brought under the 1980 or 1996 Hague Conventions, refer to Practice Notes: Child abduction—introduction and issuing proceedings (1980 Hague Convention) and Child abduction—1996 Hague Convention. In March 2018, the then President of the Family Division, Sir James Munby, issued wide‑ranging guidance dealing, in particular, with case management and matters, such as witness evidence and bundles, which applies to ‘international child abduction proceedings’, a term including proceedings issued under the High Court’s inherent jurisdiction. That guidance was revised in March 2023 and should be followed alongside relevant provisions of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 in relation to procedure...

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Web page updated on 26/05/2026

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