Parental Child Abduction:
A brief guide to the Child
Abduction Act 1984
Parental Child Abduction - A brief guide to the Child Abduction Act
1984
The Child Abduction Act 1984 was introduced to prevent the removal of a child (under 16
years old) from the United Kingdom 1 jurisdiction without the appropriate consent. This
consent need not be in writing nor does a court order have to be in existence before
police take action in England and Wales. Court orders are necessary in Scotland before
police action can be taken.
It is important to note that even if the parents have initiated civil actions (see
Section 4 Civil Court Orders), police must instigate countermeasures to run in
parallel with any civil action being sought, requiring police to follow these
instructions. Using a criminal remedy alone to resolve the case will not necessarily lead
to the safeguarding and repatriation of the child concerned, even if the offender is
caught. Using a civil remedy alone to resolve the case will usually result in the
safeguarding and repatriation of the child, but the offender is likely to still be at large.
More information may be found on the Police National Legal Database
(https://www.askthe.police.uk/default.mth) and from other sources.
This Act should not be confused with legislation on kidnap, which may be found under
the Offences Against the Person Act 1861.
Offences
Section 1 – Abduction of a child by a parent
It is an offence for a person connected with a child under the age of 16 years to take or
send that child out of the UK without the appropriate consent. This offence is punishable
by seven years imprisonment. Proceedings may only be taken with the consent of the
Director of Public Prosecutions (DPP). The key to police action being, is the threat
believed to be 'real and imminent'?
Section 2 – Abduction of a child by other persons
It is an offence for a person not connected with a child, without lawful authority or
reasonable excuse to take or detain a child under 16 years to:
(a) remove him from the lawful control of any person having lawful control of the child;
or
(b) to keep him out of the lawful control of any person entitled to lawful control of the
child.
This offence is punishable with up to seven years imprisonment but does not need
consent of DPP for proceedings to be taken.
Definitions
1
The Child Abduction Act 1984 separates and defines offences in England and Wales and offences
in Scotland.
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‘Real and Imminent’
Guidance to determine whether removal of the child is 'real and imminent':
(a) have any preparatory steps been taken?
(b) have threats of removal recently been made?
(c) is the removal likely to be within the next 24-48 hours?
(d) has the person considered likely to abduct the child, unsupervised
access and, if so:
i. is the child with the "abducting" person at present; and
ii. has the "abductor" previously returned the child on time after
access?
iii. has the "abductor" any links abroad i.e. home, relatives,
financial and/or job?
'Connected With'
1(2) A person is connected with a child for the purposes of this section if:
(a) he is a parent of the child; or
(b) in the case of a child whose parents were not married to each other
at the time of his birth, there are reasonable grounds for believing that
he is the father of the child; or
(c) he is the guardian of the child; or
(d) he is a special guardian of the child or,
(e) he is a person in whose favour a residence order is in force with
respect to the child or
(f) he has custody of the child.
‘Appropriate Consent’
Subsections 1(3) and 1(4) and 1(4A) of the Child Abduction Act 1984 as amended by
Schedule 3 of the Adoption and Children Act 2002 provide an interpretation of the term
"appropriate consent" and a reference to custody orders. They state:
1(3) In this section "the appropriate consent", in relation to a child means:
(a) the consent of each of the following:
(i) the child's mother;
(ii) the child's father, if he has parental responsibility for him;
(iii) any guardian of the child;
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(iv) any special guardian of the child;
(v) any person in whose favour a residence order is in force with
respect to the child;
(vi) any person who has custody of the child; or
(b) the leave of the court granted under or by virtue of any provision of
Part II of the Children Act 1989; or
(c) if any person has custody of the child, the leave of the court which
awarded custody to him.
1(4) A person does not commit an offence under this section by taking or sending a child
out of the United Kingdom without obtaining the appropriate consent if:
(a) he is a person in whose favour there is a residence order in force with
respect to the child, and he takes or sends the child out of the United
Kingdom for a period of less than one month; or
(b) he is a special guardian of the child and he takes or sends the child out of the
United Kingdom for a period of less than three months.
1(4A) Subsection (4) above does not apply if the person taking or sending the
child out of the United Kingdom does so in breach of an order under Part II of the
Children Act 1989.
‘Takes/sends/detains’
Section 3 of the Child Abduction Act 1984 provides interpretation of the terms and
defines the three words, takes, sends or detains, for the purposes of offences under that
Act.
For the purposes of this part of this Act
(a) a person is regarded as taking a child if he causes or induces the child to accompany
him or any other person or causes the child to be taken;
(b) a person is regarded as sending a child if he causes the child to be sent;
(c) a person is regarded as detaining a child if he causes the child to be detained or
induces the child to remain with him or any other person; and
(d) references to a child's parents and to a child whose parents who were (or were not)
married to each other at the time of his birth will be construed in accordance with
section 1 of the Family Reform Act 1987 (which extends their meaning).
Parental Responsibility
The mother of a child obtains parental responsibility automatically. A father, who
is married to the mother at the time of the birth, also obtains parental responsibility
automatically.
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A father, who is unmarried at the time of the birth, does not obtain parental
responsibility unless his name was recorded on the birth certificate at the time of
registration (post December 2003). Prior to December 2003, an unmarried father did not
obtain parental responsibility unless by way of:
(a) Parental Responsibility Order (the mother does not consent; father applies and is
granted parental responsibility by the court); or
(b) Parental Responsibility Agreement (the mother consents and forms are completed
and filed with a court)
Since the introduction of the Adoption and Children Act 2002, unmarried fathers and
step-parents can now obtain parental responsibility by way of consent or a court order.
The Civil Partnership Act 2005 allows same sex partnerships to be recognised in law.
Where same sex partners have children, the childless partner may now obtain parental
responsibility in the same way as step-parents and unmarried fathers.
Exceptions
A child may be taken out of the UK without the consent of the other parent if the other
party is in possession of one of the following court orders:
(a) a Specific Issue Order granting leave to remove generally or for specific purposes.
(b) a Residence Order in their favour and the removal is for less than a month; or
(c) an order under Section 13(3) of the Children Act 1989 where there is a
Residence Order not in their favour and they are granted leave to remove either
generally or for specified purposes.
Additional Offences
Attempted abduction
Any attempt under the child Abduction Act will be dealt with as an offence under the
Criminal Attempts Act 1981.
Abduction of children in care S49 Children Act 1989
(1) A person shall be guilty of an offence if, knowingly and without lawful authority or
reasonable excuse, he:
(a) takes a child to whom this section applies away from the responsible person;
(b) keeps such a child away from the responsible person; or
(c) induces, assists or incites such a child to run away or stay away from the
responsible person.
(2) This section applies in relation to a child who is:
(a) in care;
(b) the subject of an emergency protection order; or
(c) in police protection,
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and in this section "the responsible person" means any person who for the time being
has care of him by virtue of the care order, the emergency protection order, or section
46, as the case may be.
(3) A person guilty of an offence under this section shall be liable on summary conviction
to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5
on the standard scale, or to both.
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