Holiday v abduction?

Case Study: Taleen and Jakob separated 1 year ago and share 2 children Ingrid 2 and Davit 4. It was agreed on separation that Jakob could take the children abroad for 5 weeks however Taleen has changed her mind and is only agreeable to the children travelling with Jakob for 4 weeks instead. Jakob has told Taleen he has already the booked the tickets and he intends to take the children abroad for 5 weeks.  Taleen would like to know what she could do in this situation.

If Jakob proceeds to travel with the children without Taleen’s consent then this would amount to an abduction. The Child Abduction Act 1984 makes it a criminal offence to remove a child under the age of 16 from the UK without the consent of those with Parental Responsibility or an Order of the Court. 

Abduction can take many forms and in some cases, the parents may not even be aware their actions amount to child abduction. This is the most common form of abduction, where a parent or relative removes the child from the UK without the appropriate consent or permission from the Court.

Depending on when the holiday will take place, Taleen may want to consider trying to speak to Jakob to see if they can come to an agreement about the length of time the children will be on holiday. Alternatively, Taleen could consider mediation. This involves a neutral third-party profession who will assist the parties to resolve the issues. 

If the above options fail, or the date for travel is very near, then Taleen will need to make an urgent application to the Court for a Prohibited Steps Order to prevent Jakob from removing the children from the jurisdiction of England and Wales. Jakob could equally make an application to the Court himself for a Specific Issue Order for the Court to determine the length of time he can take the children abroad for. 

The decision to make an application to the Court should not be taken lightly as this can be a lengthy and costly exercise. The Court will make a decision based solely on the best interests of the child and at the end of the process, there will be a legally binding Order of the Court which must be complied with. 

If you would like advice on any of the issues raised in this article, please contact Irrum Shah, Solicitor in our Family Law Department on 01295 204154, or by email at ishah@se-solicitors.co.uk