Foreign Office figures reveal increase in number of child abductions
10th August 2010 by: David Lillywhite
New figures recently released by the Foreign Office have shown an alarming increase in the number of British children abducted by a parent and taken overseas. Of even more concern is the statistic that abductions to countries that have not signed up to The Hague Convention has risen by an alarming 39%. The Convention, which has been signed by 69 countries, provides for an abducted child at the centre of a dispute to be returned to their original country.
The figures show that there were 146 such abductions (from a total of 213) to countries that have not ratified the Convention. This list includes Nigeria, India, Pakistan, Thailand and Ghana and of these, Pakistan has the highest number of related cases with 24 cases of abduction reported between April 2009 and March 2010, up from 18 the year before. Thailand also saw an increase in the number of parental abductions, rising from two in 2008/2009 to 13 in the last year.
The Foreign Office has warned that most abductions occur during the Summer when a parent takes their child away on the pretext of going on holiday but then fails to return. At present, it can be extremely difficult to secure the return of a child from a country that has not ratified the Hague Convention. The resident parent will generally have no legal remedy in that country to guarantee the child’s return – proceedings need to be initiated in the jurisdiction the child has been abducted to which can have a significant effect on that party’s costs and success is not guaranteed.
Steps have been taken to improve the position in relation to Pakistan. In January 2003, the UK and Pakistan signed ‘The UK-Pakistan Judicial Protocol’. This is essentially a judicial understanding between the courts of the two countries whose principal aim is to secure the return of an abducted child to the country where they normally live with each country appointing ‘liaison judges’ to assist in the operation of the Protocol. These special judges will communicate with each other during the course of individual cases to make sure that each is aware of the court orders made by the other’s country. It is worth noting that the Protocol has not been incorporated into Pakistan law, so for the time being, it remains something that Pakistan judges can consider but are nonetheless not bound by. As a result, parents should seek specialist advice from a lawyer in Pakistan regarding the use of the Protocol. Similarly the Protocol has not been made law in the United Kingdom but its provisions are in line with current legislation so judges in this jurisdiction can make orders referring to the Protocol.
A recent Foreign Office survey of 3,700 people also revealed that a third of adults do not realise that taking a child abroad without the other parent’s permission was considered abduction under UK law. Sharon Cooke from the Reunite International Child Abduction Centre said “Parental child abduction is becoming an increasing problem as the world is getting smaller and there are more mixed national relationships and marriages.”
If a parent wishes to take a child on holiday to another country, he will usually require the permission of the resident parent or from the Court. In the event of an abduction, it is important to realise that a child’s perception of time often varies significantly to that of an adult. Any potential application must move quickly to minimise any potential harm to the child, who may be experiencing psychological trauma as a result of the abrupt upheaval.
For more information, contact David Lillywhite
The figures show that there were 146 such abductions (from a total of 213) to countries that have not ratified the Convention. This list includes Nigeria, India, Pakistan, Thailand and Ghana and of these, Pakistan has the highest number of related cases with 24 cases of abduction reported between April 2009 and March 2010, up from 18 the year before. Thailand also saw an increase in the number of parental abductions, rising from two in 2008/2009 to 13 in the last year.
The Foreign Office has warned that most abductions occur during the Summer when a parent takes their child away on the pretext of going on holiday but then fails to return. At present, it can be extremely difficult to secure the return of a child from a country that has not ratified the Hague Convention. The resident parent will generally have no legal remedy in that country to guarantee the child’s return – proceedings need to be initiated in the jurisdiction the child has been abducted to which can have a significant effect on that party’s costs and success is not guaranteed.
Steps have been taken to improve the position in relation to Pakistan. In January 2003, the UK and Pakistan signed ‘The UK-Pakistan Judicial Protocol’. This is essentially a judicial understanding between the courts of the two countries whose principal aim is to secure the return of an abducted child to the country where they normally live with each country appointing ‘liaison judges’ to assist in the operation of the Protocol. These special judges will communicate with each other during the course of individual cases to make sure that each is aware of the court orders made by the other’s country. It is worth noting that the Protocol has not been incorporated into Pakistan law, so for the time being, it remains something that Pakistan judges can consider but are nonetheless not bound by. As a result, parents should seek specialist advice from a lawyer in Pakistan regarding the use of the Protocol. Similarly the Protocol has not been made law in the United Kingdom but its provisions are in line with current legislation so judges in this jurisdiction can make orders referring to the Protocol.
A recent Foreign Office survey of 3,700 people also revealed that a third of adults do not realise that taking a child abroad without the other parent’s permission was considered abduction under UK law. Sharon Cooke from the Reunite International Child Abduction Centre said “Parental child abduction is becoming an increasing problem as the world is getting smaller and there are more mixed national relationships and marriages.”
If a parent wishes to take a child on holiday to another country, he will usually require the permission of the resident parent or from the Court. In the event of an abduction, it is important to realise that a child’s perception of time often varies significantly to that of an adult. Any potential application must move quickly to minimise any potential harm to the child, who may be experiencing psychological trauma as a result of the abrupt upheaval.
For more information, contact David Lillywhite
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