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The recent case of a six year old girl who has returned to the UK to live with her mother after almost three years living with her father in Libya has again highlighted the problems and dangers for separated parents concerned that the other parent can take their child abroad and not return.
The girl had been taken out of the UK in May 2007 - the pretence having been given that father was just going to a family party. Following this abduction the mother gave up her job and moved to Libya to find her daughter and it was only through significant efforts that she was able to successfully return back to the UK with her.
Child Abduction - where the child is taken abroad without the other parent's consent (or the consent of the Court) or for example when a child is not returned home from an agreed holiday abroad is a criminal offence - but the fact it is a crime will be very much secondary for the frantic parent trying to get their child home.
If you suspect that the other parent may abduct your child it is essential to act quickly taking both practical and legal steps as appropriate to try and ensure the risk of abduction is avoided.
If your child has been abducted then again it is essential to act quickly. The Hague Convention sets out that a child's future and best interests should be decided by the Court in the home country of the child.
If the country to which the child has been taken is a signatory to the Hague Convention (or there is a similar agreement with the UK such as that with Pakistan) then an urgent application to the home Court here needs to be made.
If the country where the child has been taken is not a signatory to the Hague Convention (such as Libya) then the situation is just as urgent but the options for immediate action may be more difficult.
Child Abduction requires experienced specialist legal advice from those who not only have knowledge and understanding of this complex area of law but also the ability to act quickly and effectively.
At Stephens Scown we have specialist accredited solicitors, nationally rated to advise you in relation to child abduction matters and to discuss the best options for you.

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