Child Abduction Lawyer Edinburgh
If your child has been taken out of the country without your consent, contact Family Law Edinburgh today. You can contact us by calling 0131 341 4990 or complete our online enquiry form.
We live in an ever increasingly mobile world and it is no longer unusual for a child to have parents from different countries and cultures. Unfortunately, when a relationship or marriage comes to an end children can often be caught in the middle. This is especially the case if one of the parents wish to return to their native country or to move elsewhere in the world with the child or children. It is for this reason that there has been a significant increase in what are termed 'international child abductions' by one parent taking a child out of the UK without the consent of the other parent. It is normally unlawful for a parent to remove a child from the country they are habitually resident in without the permission of the other parent.
Our specialist team of family lawyers are experienced in this area and provide expert support.
Has Your Child Been Taken Abroad Without Your Consent?
If your child has been removed from the country then much will depend on which country the child or children have been taken to. Clearly you require to take immediate action and by contacting us we can commence the processes in international law to facilitate the return of abducted children.
We are also able to assist in situations where a parent has concerns that their estranged partner is planning to take their child or children abroad without consent. In such situations and which the child is in Scotland court orders can be sought interdicting the other party from removing the child and steps can be taken whereby the child's passport has to be surrendered.
The Hague Convention
The Hague Convention on the Civil Aspects of International Child Abduction 1980 is an international treaty that aims to protect children from wrongful abduction of the child from the country they are habitually resident in or wrongful retention in a country they are not habitually resident in. Other than in exceptional circumstance, this treaty insists upon an order for the immediate return of the child to the country they are normally resident in. The treaty also provides a procedure for the child’s return.
The rules set out in the Hague Convention are only applicable to states that are signatories to the Hague Convention.
The Hague Convention regulates which country should make the decision about where the child should live. These cases are heard in the Court of Session in Edinburgh which is the highest civil court in Scotland.
The international abduction of a child is immensely distressing for all involved and swift action must be taken. These cases can be complex and we have the experience and expertise necessary to put the action the process to facilitate the return of a child.
When appropriate, we would be willing to take Hague Convention cases on Legal Aid. Please contact us to discuss this.
Expert Child Abduction Advice from Edinburgh Family Lawyers
Family Law Edinburgh have specialist experience in the field of international child abductions. If you are in the position where your child has been removed for the country without your permission, or if you are afraid that this will happen, then please get in touch with us today for expert advice and assistance.
If you are facing such an issue then contact our solicitors at Family Law Edinburgh today on 0131 341 4990 or complete our online enquiry form.