Family Law Solicitors
If your child has been removed from your care without your permission, this may be unlawful and requires urgent action.
Head of Family & Partner
If you’re worried that your child has been (or may be) taken abroad or brought to England or Wales without your permission, our dedicated Family Law specialists are here to support you.
With extensive experience in cases involving children taken to other countries, including those that are signatories to the Hague Convention and those that aren’t, our child abduction solicitors are ready to provide expert guidance tailored to your situation.
We work closely with trusted professionals in the other country to ensure matters are handled swiftly.
Please note we use the term ‘solicitor’ and ‘lawyer’ throughout interchangeably, as a term that refers to anyone in the United Kingdom that is licensed to practice law, provide legal advice, or represent clients in court.
Child abduction is a deeply sensitive and complex area of Family Law. If you’re facing this challenging situation, it’s vital you seek urgent advice from a specialist child abduction lawyer who understands the nuances of this fast-evolving and niche area of law as soon as possible. Time is usually of the essence in such matters and the timing of any action that needs to be taken is crucial to matters such as establishing the jurisdiction and/or habitual residence of a child.
We can assist with:
Please note that we do not hold a Legal Aid contract and are therefore unable to provide Legal Aid services. All family matters are undertaken on a privately funded basis only.
Call one of our team to discuss starting and financing your divorce application, your rights and how we can support you through this distressing time in your life.
Head of Family & Partner
“Vanessa Friend is the stand out partner in the team. She is exceptionally bright and knowledgeable. She secures fantastic results for her client. She is a very good negotiator and very personable.”
When a child has been abducted, there are several ways the law can ensure they’re returned. This is dependent on the case and the country to which the child has been taken.
Our expertise ensures that no matter where your child has been taken, you’ll receive the guidance and support you need during this challenging time.
“They were very professional and always listened to my needs. They were very prompt and efficient and always kept me informed. The service was nothing short of excellent.”
We’re proud to be independently recognised as specialists in Family Law by both the Legal 500 and Chambers UK. Our team is celebrated for delivering exceptional client care and setting the standard for excellence in the field.
Through nearly five decades of excellence, our work has earned recognition and numerous accolades, including a place in The Times’ Best Law Firms 2025.
Our child abduction lawyers uphold the highest standards of professionalism and ethics. Regulated by the Solicitors Regulation Authority (SRA) and accredited in Family Law and Children Law by The Law Society and Resolution, we provide expert guidance and dedicated support tailored to your needs.
Clients across the country value our steadfast support, as shown by our ‘Excellent’ rating on Trustpilot.
Partner
“Sarah gives clear, knowledgeable, and comprehensible advice and is willing to put in the extra effort required to assist client’s in complex situations and I was very impressed with Sarah’s professionalism.”
“Child abduction cases are incredibly sensitive and require the right balance between urgent action and a thoughtful approach. We understand the emotional challenges families face in these situations and are committed to getting children back to their rightful guardians as quickly and amicably as possible. Every case is different, and we make sure the steps we take are right for your situation, always putting your child’s safety and well-being first.”
Head of Family & Partner
Child abduction occurs when a child is taken or kept away without the permission of a parent who has parental responsibility or legal guardian. This distressing act can involve a parent, another family member, someone known to the family like a neighbour or acquaintance, or a stranger. Even if you, as the left behind parent, do not have parental responsibility, we can advise you on obtaining that to ensure that your rights as a parent are recognised and you are not precluded from seeking the return of your child.
The Child Abduction Act (1984) safeguards children under 16 by making it a criminal offence for those “connected” with a child, such as parents, guardians or individuals with custody or residence orders, to take or send them out of the UK without lawful authority or reasonable excuse. The same act makes it a criminal offence for non-family members to take or detain a child under the age of 16 without lawful authority or a reasonable excuse.
A parent can be accused of abducting their own child, even if that child has always lived with them. Taking your child out of the country for more than 28 days without the consent of the other parent may lead to serious legal consequences unless a child arrangements order specifies that you may do so or unless there is no other parent with parental responsibility.
Every situation is unique, and any decision involving your child must carefully adhere to the terms of existing legal arrangements. Acting without the required consent could result in criminal charges. So, if you’re considering relocating abroad with your child or seeking to prevent an international move, getting expert guidance is essential.
We understand how sensitive and emotionally charged these matters can be. Our team of child abduction solicitors are here to guide you through the complexities of the law, ensuring your rights and your child’s best interests are protected.
If you are concerned about the possibility of child abduction, taking proactive steps may provide the reassurance and protection you need. While our child abduction lawyers often advocate for resolution through mediation where possible, there are situations where pre-emptive legal measures may be necessary and, in such circumstances, urgent steps would need to be taken to prevent the abduction.
For parents in England or Wales who fear that a former partner or spouse intends to take their child or children abroad without consent, it may be appropriate to seek a prohibited steps order.
Under the Children Act 1989, a prohibited steps order prevents a party from making certain decisions about a child’s upbringing without the court’s express approval or permission. This typically involves someone with parental responsibility, such as one of the child’s parents.
A prohibited steps order can address significant decisions, including relocation within the UK or abroad. Where appropriate, our child abduction solicitors can help you seek this order to prevent such actions, potentially even without notifying the other party, ensuring your child’s safety and your peace of mind.
This usually requires financial disclosure from both parties so that a divorce lawyer can advise you on a fair and appropriate settlement. When a divorce financial settlement is reached between the parties, it will be drawn up into a financial consent order and sent to the Court to be sealed. The financial consent order can include how the following assets will be split:
You might also get financial help to support your children or living expenses.
This will be assessed on a case-by-case basis. Whilst the starting point is a 50/50 split, the Court and solicitors will take into account a list of factors known as the Section 25 factors (Section 25 of the Matrimonial Causes Act 1973). These include:
The income and earning capacity of the parties
The financial needs of each of the parties
The standard of living enjoyed by the family before the breakdown of the marriage
The ages of the parties and the length of the marriage
Whether any of the parties have any physical or mental disability
The contributions that each party has made to the family
The conduct of each of the parties
The value to each party of any benefit that one party would lose because of the divorce
The Court and solicitors will also consider the needs of the parties and the children of the family and this may mean that the dividing line moves in favour of one party or the other.
Hodge Jones & Allen family solicitors have been recognised as one of Chambers and Partners‘ top firms. We’re also noted by the Legal 500 for our commitment to excellence. You can rest assured that our team are highly experienced in handling even the toughest family law cases.
Hodge Jones & Allen Solicitors is proud of the many positive testimonials that we receive, reinforced by our ‘Excellent’ rating on Trustpilot. Please read through what some of our clients have had to say about their experience with our legal teams.
