Section 1: Introduction
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Parental Child
Abduction: Specific
Professional Practice
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Security and Business Continuity Unit at <SecurityBusinessContinuity@centrex.pnn.police.uk>. The
Security and Business Continuity Unit will be responsible for notifying ACPO and the Police Central
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GUIDANCE ON THE STRATEGIC LEVEL MANAGEMENT OF CHEMICAL, BIOLOGICAL,
RADIOLOGICAL AND NUCLEAR EVENTS
This document has been produced by the National Centre for Policing Excellence (NCPE) on behalf
of the Association of Chief Police Officers (ACPO). It will be updated according to legislative and
policy changes and re-released as required.
The NCPE was established by the Police Reform Act 2002. As part of its remit the NCPE is required
to develop policing doctrine, including guidance, in consultation with ACPO, the Home Office and the
Police Service. Guidance produced by the NCPE should be used by chief officers to shape police
responses to ensure that the general public experience consistent levels of service. The
implementation of all guidance will require operational choices to be made at local level in order to
achieve the appropriate police response.
All enquires about this guidance should be addressed to:
Opsline
National Centre for Policing Excellence
Wyboston Lakes
Great North Road
Wyboston
Bedfordshire MK44 3BY
Telephone:
0870 241 5641
Email:
opsline@centrex.pnn.police.uk
An interactive CD-Rom is available on request from the above address.
2010
Acknowledgements
ACPO and the NCPE would like to express their thanks to all those involved in the drafting of this
document and to members of the ACPO Steering Group and the ACPO Guidance Working Group
who gave their advice. All of the responses during the consultation phase of this project were
appreciated and contributed to the final document.
© Association of Chief Police Officers (2008)
© NPIA (2008)
All rights reserved. No part of this publication may be reproduced, modified, amended, stored in any
retrieval system or transmitted, in any form or by any means, without the prior written permission of
NPIA and ACPO or their duly authorised representative.
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Section 1: Introduction
Contents
Section 1: Introduction ........................................................................... 3
Section 2: Fast track actions ................................................................... 5
Section 3: Generic investigation points ................................................... 7
Section 4: A brief guide to Civil Court Orders .......................................... 9
Section 5: A brief guide to the Child Abduction Act 1984....................... 12
Section 6: A brief guide to the relevant Hague Conventions .................. 18
Section 7: Useful Contact Numbers ....................................................... 29
Section 8: Further resources ................................................................. 39
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Section 1: Introduction
Section 1: Introduction
This professional practice is aimed at police officers at strategic and operational
levels and sets out the good practice that has been developed to enable
investigations into parental and familial abduction of children to be conducted
effectively.
Safeguarding an abducted child or a child at risk of abduction is of paramount
importance and any actions proposed during an investigation must be done in
the best interests of the child.
Key factors to be considered in any investigation are:

The use of criminal law to recover a child and bring an offender to justice.

The use of civil law to provide an effective remedy to the abduction.

The use, when relevant, of Child Rescue Alert.
The safe recovery of a child is more important than the prosecution of an
offender. In some cases, Child Rescue Alert will be a necessary consideration.
Guidance on the use of the alert mechanism can be found at https://polka.pnn.police.uk
– Missing Persons Bureau Community – Child Rescue Alert.
This document is set out as follows:

Fast track actions for consideration during an incident involving the
unlawful removal of a child from the United Kingdom. This is set out as a
flow chart.

Generic investigation points. This is a list of considerations for the
information to be obtained from a complainant in a parental child
abduction case.

A brief guide to Civil Court Orders. More information may be found
from other relevant sources.

A brief guide to the Child Abduction Act 1984. More information may
be found on the Police National Legal Database and from other sources.
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Section 1: Introduction

A brief guide to the relevant Hague Conventions. More information
can be found from other relevant sources.

Useful contact numbers. A guide to agencies and organisations able to
assist police investigations.
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Section 2: Fast track actions
Section 2: Fast track actions
This flow chart details fast track actions for consideration during an incident involving the
unlawful removal of a child from the United Kingdom.
Initial Report
Treat as ‘CRIME IN ACTION’
Treat child as ‘MISSING (High risk)’
(Secure and preserve evidence)
Is there a reasonable belief that a child has been abducted or
kidnapped?
Yes
1. Inform duty Inspector / on-call SIO (possible critical incident?)
2. Place child as ‘missing’ and offender as ‘wanted’ on PNC
3. Consider PNC broadcast / All ports warning (via e-borders)
4. Consider Child Rescue Alert
ALL FOCUS to intercept and recover child, ensure welfare and prevent
leaving UK jurisdiction
Indication that child is about to be unlawfully removed from the UK?
Seek immediate support / advice from:
1. National Ports Office (Telephone:- 0208 721 6000 – law enforcement only)
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Section 2: Fast track actions
2. Advice on pro-active / reactive use of e-borders
3. Consider RIPA
4. Fast track access to travel manifesto
5. Arrange ‘URGENT’ circulations to ports staff
6. Communicate with ports police officers to where possible arrest
offender(s)/secure child. Note - there are no departure controls at UK
ports.
(Secure and preserve evidence)
Indication that child has been unlawfully removed from UK?
Seek immediate support / advice from (See Paper 5 ‘Useful Contact Numbers’):
1. International Child Abduction Contact Unit (020 7911 7047 / 7045) for
Hague Convention countries
2. Foreign & Commonwealth Office (0207 008 0878) for non-Hague
Convention countries.
3. ‘Reunite’ International Child Abduction Centre (0116 255 6234 (24hrs))
4. NPIA UK Missing Persons Bureau (0845 000 5481)
5. CEOP (0870 4960333 or (on call out of hours) 07824600298 )
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Section 3: Generic investigation points
Section 3: Generic investigation
points
This is a list of considerations for the information to be obtained from a complainant in a
parental child abduction case.

Why does the complainant believe that the child may be abducted?

Is it likely that the child is in the company of a third person?

Is it likely that a third person has influenced the child’s departure/going
missing?

Is the child with a potential abductor now?

Have any previous threats of removal been made/has it happened before?

Full details of child including any other names the child may be known by.
Correct spelling and name configuration (i.e. order of names) is
paramount. Include physical description, gender and nationality (ethnicity
would also be useful here).

Does the child have its own passport and does a potential abductor have
control of, or access to, it?

Does the child have a foreign passport? Ask about dual nationality (i.e.
more than one passport).

What citizenship do the child and alleged abductor have?

Mother's maiden name (or perhaps family name)?

Full details of potential abductor including physical description.

Detail of any vehicle owned by, or possibly used by abductor.

Day, date, time and location of where the child was last seen. By whom
seen and who was with the child with at that time (this last confirmed
sighting is really important – ‘confirmed’ being the most important part –
so many missing/murder enquiries have gone astray by not assessing last
confirmed sighting properly).

What are the likely mode, port and date/time of travel (if known)?

What is the present situation with any matrimonial and/or custody
proceedings, are there any court orders?
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Section 3: Generic investigation points

What links does a potential abductor have to this country or abroad and do
they intend to be permanently or temporarily domiciled abroad?

Are there financial, physical or legal reasons why a potential abductor
should leave the country?

Any other available information.

Consider securing forensic samples, e.g. DNA sample of child and alleged
offender were possible (i.e. hairbrush/toothbrush etc). Fingerprints may
also be present and available for collection. Early access to dental
impressions/records is also useful.
Child Rescue Alert
If you require urgent tactical advice in relation to the launch of a Child Rescue
Alert, call 0844 822 2888 (24 hrs) and quote group page 909685.
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Section 4: A brief guide to Civil Court Orders
Section 4: A brief guide to Civil
Court Orders
This section provides a brief guide to Civil Court Orders. More information may
be found from other relevant sources.
The role of police in assisting the Tipstaff of the High Court (Family Division) in
executing civil orders is obtained from the Child Abduction and Custody Act
1985.
The Tipstaff is the enforcement officer of the High Court at the Royal Courts of
Justice. The Tipstaff has two assistants and can authorise police officers to act on
their behalf. Any obligation to give information to the Tipstaff or to hand over a
document includes an obligation to do so to their assistants or police officers
acting on their behalf. The Tipstaff is available 24 hours a day, contact details
may be found in Section 6 below.
There are various types of Court Order as follows:
(a) Location Order
(b) Collection Order
(c) Passport Seizure Order
(d) Prohibited Steps Order
Note: Children do not have to be a ward of court for an order to exist.
Once an order has been obtained, the Tipstaff will log it on to a computer
database. Orders are directed to police officers who must, in the interest of the
protection of children and in order to fulfil their statutory duty under
safeguarding children, execute the order immediately.
Essentially the orders are directed to the Tipstaff; the police are acting as agents
for the purpose of executing the orders.
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Section 4: A brief guide to Civil Court Orders
Purposes and Actions
(a) Location Order
The purpose of this Order is to locate the child/children, leave them there, but
remove passports and tickets, etc. to prevent them from travelling.
Action by police

Serve order on the named person (as stated on the order) in person. The
order is not to be left through a letter box.

Seize passport and tickets to prevent child from leaving.

Failure to comply with this order may lead to the arrest of the named
person or any person who is served with it and is in a position to comply
with it.

Instruct the named person on the document or person served with it that
they are not to remove child from place found, except for day-to-day
routine (shopping/school etc).

Note: There is no power for the police to remove the child.
(b) Collection Order
The purpose of this order is for the child to be handed over. All passports relating
to the child, adult named, or person served, who is in a position to comply, must
also be seized.
Action by Police

To serve the order onto the named person and remove the child along
with any passports or travel documents.

Take the child to the nearest Police Station.

The Tipstaff will give further details of where the child is to be taken, or
who will collect the child.

Note: Failure to comply with the order means that police have the power
to arrest. This power is stipulated in the Order.
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Section 4: A brief guide to Civil Court Orders
(c) Passport Seizure Order
The purpose is to seize passports pertaining to the child and persons named on
the order to prevent removal. These orders tend to be private applications and
usually relate to concerns around a threat of removal for an arranged marriage,
etc. Failure to comply with the order means that police have the power to arrest
and this power is stipulated in the Order.
Property seized – Action
When the orders have been executed and documents seized the following must
be complied with:

Do not place them in the property stores.

Contact the Tipstaff who will provide directions on how the documents are
to be sent to him/her.
(d) Prohibited Steps Order
This is an order obtained at a County Court usually by a solicitor representing a
parent/carer who believes that their child may be abducted. It is obtained under
Section 8 of the Children Act 1989 and is designed to prevent the removal of the
child. However, police are not under an absolute duty to intervene to recover a
child (under a Section 8 Order) unless there is a risk to the health and safety
(significant harm) of the child; a breach of the peace, or a situation of violence
occurs. The Court has its own powers to enforce its orders. There is no
requirement to create an All Ports Warning unless it falls under the 'real and
imminent' definition as stated in the Child Abduction Act 1984.
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Section 5: A brief guide to the Child Abduction Act 1984
Section 5: 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 Kingdom1 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 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
The Child Abduction Act 1984 separates and defines offences in England and Wales and offences
in Scotland.
1
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Section 5: A brief guide to the Child Abduction Act 1984
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
‘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
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Section 5: A brief guide to the Child Abduction Act 1984
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;
(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
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Section 5: A brief guide to the Child Abduction Act 1984
(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.
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:
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Section 5: A brief guide to the Child Abduction Act 1984
(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
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Section 5: A brief guide to the Child Abduction Act 1984
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,
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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Section 6: A brief guide to the relevant Hague Conventions
Section 6: A brief guide to the
relevant Hague Conventions
This section looks at the two key Hague Conventions which apply to International
Parental Abduction cases: the Hague Convention of 25 October 1980 on the
Civil Aspects of International Child Abduction and the Hague Convention
of 19 October 1996 on Jurisdiction, Applicable Law, Recognition,
Enforcement and Co-operation in Respect of Parental Responsibility and
Measures for the Protection of Children. More information and the full
wording of both Conventions can be found on the Hague Conference website at
http://www.hcch.net/index_en.php and on the website for the charity Reunite at
http://www.reunite.org/.
1. The 1980 Hague Convention on International Child Abduction
The Hague Convention of 25 October 1980 on the Civil Aspects of International
Child Abduction is a multilateral treaty, which seeks to protect children from the
harmful effects of abduction and retention across international boundaries by
providing a procedure to bring about their prompt return.
The Convention is designed to discourage international parental abduction and to
secure the prompt return of children wrongfully removed or kept away from their
home country, referred to as their country of habitual residence. It is based on
the belief that it is in the child's best interest to be returned home quickly, and
that decisions about the care and welfare of a child are best made in his or her
home country. In this way, the abducting parent can also not gain advantage by
choosing one legal system over another.
How the Convention works
The Convention is designed to provide a simple and speedy procedure. It is a
private law remedy so that generally the parent, not a government, will be party
to the legal action. Each Member State has an administrative body, known as the
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Section 6: A brief guide to the relevant Hague Conventions
Central Authority. Its duty is to send and receive requests for the return of
children and to facilitate the legal or administrative proceedings.
The Convention was first concluded in October 1980 and came into force in 1986.
Many countries have since ratified or become a signatory to the Convention. The
operation of the Convention is monitored by the Hague Conference. The activities
of the Conference are organised by the Permanent Bureau. The Permanent
Bureau has limited powers. It cannot intervene in individual cases. It has no
controlling or regulatory powers over individual countries.
To work effectively, the Convention must be interpreted and applied in a uniform
way by its Member States. However, this is not always the case as no uniform
international standard on how to interpret and enforce orders has been set.
Countries have different legal systems and their procedures vary. In some
countries, the Central Authority makes the application for the return. In others,
the aggrieved parent has to make the application through a local lawyer.
What the Hague Convention can or cannot do
The dates on which the Convention came into force in the originating country and
the country to which the child has been taken to, are important. The Convention
will not apply if the child was taken before that date.
What can be applied for
Under the Hague Convention you can make an application for:

The return of a child if he or she was taken to or retained in another
signatory country, in breach of the parent’s custody rights.

Securing rights of access to the child if he or she lives in another
signatory country.
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Section 6: A brief guide to the relevant Hague Conventions
The conditions which need to be met
a) For a return:
The child is not yet 16 years old

The child was habitually resident in the country in which you make your
application

The ‘left behind’ parent has rights of custody *

The ‘left behind’ parent was exercising their rights of custody

The application is made within one year from the date of the removal
or retention

The ‘left behind’ parent did not consent to the removal or retention of
the child
If one of these requirements is not met, the child will not be returned under the
Convention.
* A court order — or legal agreement — may be required, giving the ‘left behind’
parent rights of custody (this may include orders made after the abduction,
provided that those orders also state that the removal of the child was unlawful).
In most countries, when there are no custody decree (no legal separation or
divorce orders) prior to an abduction or retention, both parents — if married —
are considered to have equal legal rights to their child. As long as the retention
or removal is unlawful, the Convention will apply. The law varies about the status
of unmarried fathers.
b) For securing access rights:

The child is not yet 16 years old

The parent has been denied access to their child
How an application is made
Applications for securing the return of, or access rights to, a child must be made
to the Central Authority. In most Hague Convention countries, the Central
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Authority will apply, on the parent’s behalf, to the Central Authority of the
country where the child has been taken.
Timescales for an application to be made
Article 12 sets out the timescales in which an application for the return of a child
can be made. The timescale runs from the date upon which the child was
unlawfully removed from the UK. If an application is made within a year of that
date, the return of the child can be ordered. If a period of more than one year
has elapsed after the date of removal, the return of the child can still be ordered,
unless it is shown that the child has now settled in its new environment.
Exceptions to a return
A return order may be refused if the court believes that:

The child would be exposed to a "grave risk of physical or psychological
harm" or put "in an intolerable situation" if sent home.

The child "objects to being returned" and is old and mature enough to
have his or her views taken into account.

The left-behind parent was not exercising rights of custody or that he
or she consented or acquiesced to the removal or retention.
Countries which have signed up
Not all countries have signed up to the Hague Conference, but it is possible for
countries that are not members of the Hague Conference to be a party to a
Hague Convention. This is the current list of those countries which have signed
up to the Hague Convention of 25 October 1980 on the Civil Aspects of
International Child Abduction2:
If a country does not appear on this list, it means that at the time of writing, it has not signed up to the 1980
Hague Convention. Please check the Hague Conference website: http://www.hcch.net/index_en.php
2
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Section 6: A brief guide to the relevant Hague Conventions
Countries which have signed the Convention
Albania
Argentina
Armenia
Australia
Austria
Bahamas
Belarus
Belgium
Belize
Bosnia and
Brazil
Bulgaria
Herzegovina
Burkina Faso
Canada
Chile
China
Colombia
Costa Rica
Croatia
Cyprus
Czech Republic
Denmark
Dominican
Ecuador
Republic
El Salvador
Estonia
Finland
Fiji
France
Gabon
Georgia
Germany
Greece
Guatemala
Honduras
Hungary
Iceland
Ireland
Israel
Italy
Latvia
Lithuania
Luxembourg
Macedonia
Malta
Mauritius
Mexico
Moldova
Monaco
Montenegro
Morocco
Netherlands
New Zealand
Nicaragua
Norway
Panama
Paraguay
Peru
Poland
Portugal
Romania
Russia
Saint Kitts and
San Marino
Nevis
Serbia
Seychelles
Singapore
Slovakia
Slovenia
South Africa
Spain
Sri Lanka
Sweden
Switzerland
Thailand
Trinidad and
Tobago
Turkey
Turkmenistan
Ukraine
United Kingdom
USA
Uruguay
Uzbekistan
Venezuela
Zimbabwe
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Section 6: A brief guide to the relevant Hague Conventions
Further Information
For more information on this and other Hague Conventions, as well as a current
list of signatories, please see the website: http://www.hcch.net/index_en.php
2. The 1996 Convention on Parental Responsibility and Measures for the
Protection of Children
At the time of writing (summer 2011), the Hague Convention of 19 October 1996
on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in
Respect of Parental Responsibility and Measures for the Protection of Children is
in the process of being ratified by the UK Government. States signing up to or
ratifying the Convention have agreed on the provisions set out by the Convention
in consideration of the need to improve the protection of children in international
situations. The Convention exists to help Signatory States avoid conflicts
between their legal systems and recalls the importance of international cooperation for the protection of children, confirming that the best interests of the
child are to be a primary consideration.
The 1996 Convention compliments and strengthens the 1980 Hague Convention
on the Civil Aspects of International Child Abduction where States have ratified
both Conventions. As article 50 of the 1996 Convention advises, it does not
affect the application of the 1980 Convention, but provisions of the 1996
Convention can be invoked for the purposes of obtaining the return of a child
who has been wrongfully removed or retained or of organising access rights.
The following provisions within the 1996 Convention can be used to help
compliment and strengthen the 1980 Convention. More information can be found
on the Hague Conference website, where the full text of the Convention can be
downloaded at http://www.hcch.net/index_en.php?act=conventions.text&cid=70
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Parental Responsibility
Article 1 sets out the definition of the term ‘Parental Responsibility’ to include
parental authority, or any analogous relationship of authority determining the
rights, powers and responsibilities of parents, guardians, or other legal
representatives in relation to the person or the property of the child.
Article 16, 17 and 18 describe how the law of the state of the child’s habitual
residence governs the attribution or extinction of Parental Responsibility. Even if
a child’s country of habitual residence changes, Parental Responsibility as
governed by the law of the previous State subsists, although the law of the new
State of habitual residence governs the exercise of parental responsibility. The
attribution of Parental Responsibility by operation of law to a person who does
not already have such responsibility is governed by the law of the State of the
new habitual residence.
Age of the child
It should be noted that the 1996 Convention applies to children from the
moment of birth until they reach the age of 18 years, whereas the 1980
Convention ceases to apply once the child attains the age of 16 years.
Where the Convention does not apply
The areas to which the 1996 Convention does not apply are set out in article 4
and include:

The establishment or contesting of a parent-child relationship

Decisions on adoption

Maintenance obligations
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Wrongful removal or retention
Article 7 of the 1996 Convention sets out the provisions by which the removal
or retention of a child is considered wrongful and sets out the extent to which
the jurisdiction of the Contracting State applies:

Removal or retention is considered wrongful where it is in breach of
custody rights attributed to a person, institution or other body under
the law of the state where the child is habitually resident (where
neither parent has custody, the 1980 Convention advises that a court
order/legal agreement could be obtained, giving the left behind parent
the rights of custody).

The authorities of the Contracting State in which the child was
habitually resident before the removal or retention keep their
jurisdiction unless the child acquires habitual residence in another
state.
A child can be considered to have acquired habitual residence in another State
where he/she has resided in that state for a period of at least one year after the
person, institution or other body having rights of custody has or should have had
knowledge of the whereabouts of the child; no request that has been lodged
within that period for the return of the child is still pending; and the child has
settled into his/her new environment.
Refusal to return a child
Article 23 of the 1996 Convention explains how, although measures taken by the
authorities of a Contracting State must be recognised by operation of law in all
other Contracting States, there are occasions where such recognition may be
refused. For example:

If the measure was taken, except in a case of urgency, in the
context of a judicial or administrative proceeding, without the child
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having been provided the opportunity to be heard, in violation of
fundamental principles of procedure of the requested state.

On the request of any person claiming that the measure infringes
his or her parental responsibility, if such measure was taken, except
in a case of urgency, without such person being given the
opportunity to be heard.

If such recognition is manifestly contrary to public policy of the
requested state, taking into account the best interests of the child.
Requesting a check on the child
In line with the provisions of article 7 of the 1980 convention, article 32 of the
1996 convention explains how the whereabouts and situation of a child can be
determined through a request that can be made with supporting reasons by the
Central Authority (see section 6) or other competent authority of any contracting
state with which the child has a substantial connection. The Contracting State in
which the child is habitually resident and present may, directly or through public
authorities or other bodies:

Provide a report on the situation of the child

Request the competent authority of its State to consider the need to take
measures for the protection of the child.
Where information can be withheld
Article 37 of the 1996 Convention states that an authority can choose not to
request or transmit any information where to do so would, in its opinion, be
likely to place a child in danger or constitute a serious threat to the liberty or life
of a member of the child’s family. This provision gives greater protection to the
child and this is an issue not covered in the 1980 Convention.
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Contracting States
The countries listed below have either ratified the 1996 Convention or are a
Signatory to it:
Albania
Armenia
Australia
Austria
Belgium
Bulgaria
Croatia
Cyprus
Czech Republic
Denmark
Dominican
Ecuador
Republic
Estonia
Finland
France
Germany
Greece
Hungary
Ireland
Italy
Latvia
Lithuania
Luxembourg
Malta
Monaco
Morocco
Netherlands
Poland
Portugal
Romania
Slovakia
Slovenia
Spain
Sweden
Switzerland
Ukraine
United Kingdom
USA
Uruguay
3. Definitions and Further Information
The difference between Ratification and being a Signatory
A country can ratify a Convention or be a signatory to it, but the process of
signing and then ratifying a Convention mean that a State indicates to the other
contracting States that it gives consent to be bound by the adopted international
agreement. There is, however, a difference between both terms.
By becoming a signatory, the State is not expressing consent to be bound by a
treaty until it ratifies, accepts or approves it. The State as a signatory is obliged
to refrain, in good faith, from acts that that would defeat the object and purpose
of the treaty.
Where a State ratifies a treaty, it is establishing its consent to be bound by that
treaty.
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Habitual residence
There is no definition of the term ‘habitual residence’ as the Hague Conference
on Private Law has deliberately refrained from offering one. This is so that the
concept remains flexible and adaptable to practical requirements and can be
interpreted differently in different conflict situations. The core of the test tends to
be based on evidence of a long-term stay accompanied by other evidence of the
child’s personal life to demonstrate the continuity of the connection between the
child and the place of residence.
Further Information
Please note that the Permanent Bureau of the Hague Conference has no mandate
to assist in individual abduction cases. If you have a question relating to
international child abduction and your country is a Party to the 1980 Child
Abduction Convention, please contact the Central Authority designated by your
country.
For more information on this and other Hague Conventions, as well as a current
list of signatories, please see the website: http://www.hcch.net/index_en.php
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Section 7: Useful Contact
Numbers
Missing Persons Bureau
Foxley Hall
Bramshill
Hook
Hampshire RG27 0JW
Tel: +44 (0)845 000 5481
Fax: +44 (0)1256 692571
Email: missingpersonsbureau@npia.pnn.police.uk
Website: http://www.npia.police.uk/en/10200.htm
(Microsite to be launched shortly at http://mpb.npia.police.uk)
Missing Persons Bureau POLKA community: https://polka.pnn.police.uk
Child Rescue Alert website: http://www.npia.police.uk/en/10239.htm
If you require urgent tactical advice in relation to the launch of a Child
Rescue Alert, call 0844 822 2888 (24 hrs) and quote group page 909685.
The Missing Persons Bureau is part of the National Policing Improvement Agency.
We work with police and related organisations to improve the services provided
to missing person investigations and increase effectiveness. The Bureau is the UK
centre for the exchange of information and the co-ordination of missing person
enquiries nationally and internationally. We are the UK member of the Global
Missing Children’s Network (GMCN), a group of 17 countries which collaborate to
improve the response to missing children around the world.
Support for Child Abduction Investigations
The Bureau offers support, guidance and advice for a Child Abduction incident in
the following ways:

Manage and co-ordinate the Child Rescue Alert service.

Provide tactical advice and support to police investigations and advice to
families and friends.
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
Facilitate the operational response to suspicious or high risk cases by
assisting with the triaging of cases to the NPIA Crime Operational Support
Unit and the Specialist Operations Centre.

International assistance via our connections with Interpol and police and
Non-Governmental Organisations services abroad.

Publicity for missing children in co-ordination with the Missing Kids
Partnership which includes Tesco stores, EMCOR, Amscreen Healthcare
and UK Media.

Management of the UK ‘Missing Kids’ website, part of the network of GMCN
websites which feed into a central multilingual database featuring
information about, and photographs of, missing and abducted children
from around the world.
Operational Support
In addition to the above, our Operational Support services include:

Maintaining records of missing persons and unidentified persons/bodies to
provide an investigative support service to police.

Maintaining a dental index of ante-mortem chartings of long-term missing
persons and post-mortem chartings from unidentified bodies.

Providing a link to Specialist Operational Support and other NPIA services,
for example the National Missing Persons DNA Database.
We serve all UK police forces as well as international and overseas police
agencies. We’re part of a wider network of partners including other government
departments, Non-Governmental Organisations and stakeholders.
Reunite
The International Child Abduction Centre
PO Box 7124
Leicester
LE1 7XX
Tel: - 0116 255 6234 (24hrs)
Website: www.reunite.org
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Reunite International Child Abduction Centre is the leading UK charity
specialising in international parental child abduction. The objectives of Reunite
are to provide advice, information and support to parents, family members and
guardians whose children have been abducted or who fear abduction. Reunite
will also provide advice and information to parents who may have abducted their
children to the UK, and also assists and advises in international contact issues
and cases of 'permission to remove'. Reunite provides the only advice line
service in the UK specialising in international parental child abduction. An
essential key feature of the advice line is that it offers an emergency service
outside of office hours. Reunite have produced a useful child abduction
prevention guide for parents:
http://www.reunite.org/edit/files/Prevention%20Guide%20E&W.pdf
Children and Families Across Borders (CFAB)
CFAB
Canterbury Court, Unit 1.03
1-3 Brixton Road
London
SW9 6DE
CFAB promotes and protects the rights and welfare of children and vulnerable
adults across borders. Through a network of agencies, the organisation can assist
people who have been separated from family members as a consequence of
divorce, migration, seeking asylum, trafficking and abduction.
National Ports Office
PO Box 50
Hounslow
Middlesex
TW6 1EL
Tel: 0208 721 6000 (24 hours)
Fax: 0208 721 6416
Email: controllers@met.pnn.police.uk
The National Ports Office, amongst other responsibilities, advises specifically on
the prevention of Child Abduction and the circulation of Ports Broadcasts. The
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Ports Office will only take requests for action from the High Court, or in certain
circumstances, directly from the police. Cases are treated on a merit basis.
Child Exploitation and Online Protection Centre (CEOP)
Tel: On-call out of hours number 07824600298 – law enforcement only
Tel: Office Hours – 0870 4960333
Website: www.ceop.police.uk
CEOP is a multi-agency organisation, which brings together police officers, social
workers, child protection specialists, industry representatives, children’s
charities, intelligence officers, researchers and specialist academics to tackle
child abuse, particularly in the online environment.
CEOP can offer support in a number of areas of expertise which may be of
assistance to your enquiry and the Investigating Officer. These are as follows:Operations and specialist support

Tasking of foreign law enforcement agencies

Tasking of CEOP’s financial investigation team

Tasking of CEOP’s covert internet investigation team

Provide tactical and strategic advice regarding the investigation of serious
sexual crimes against children.

Provide guidance in relation to suspect interview strategy and
methodology

Undertake specialist risk assessments to assist in the management of child
sex offenders.

In certain circumstances to deliver offender orientation and where
operationally necessary tailored training around sex offenders' behaviour

Advice on computer forensics

Access to a forensic psychologist
Support on victim identification

Searches against ChildBase (the UK’s national database of images)

Access to hash sets / forensic support
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
Access to Interpol Resource Centre

Access to expert investigators (UK and international)
Intelligence support

Access to national intelligence agencies and security services

Assistance regarding ‘Registered Sex Offender’ management

Offender lifestyle analysis

Searches against CEOP’s Child Exploitation Tracking System (CETS)
database of on-line identities (usernames, e-mails etc)

Advice and guidance on on-line investigations and managing large scale
intelligence disseminations (both within the UK and overseas)
Communications support

Advice or support regarding media relations in a child based investigation.
Interpol
The International Criminal Police Organization (Interpol) facilitates international
police co-operation; supporting and assisting law enforcement to combat and
prevent crime internationally.
The Serious Organised Crime Agency (SOCA) houses the UK National Central
Bureau (UK NCB) for Interpol within its International section. The UK NCB
processes and facilitates all Interpol enquiries incoming and outgoing in the UK,
including enquiries regarding parental child abductions.
Parental child abductions have a criminal and civil aspect, which run in parallel.
Interpol enquiries concentrate on police to police cooperation to progress the
criminal aspect.
Arrest and Extradition
Where criminal action is being pursued against the abducting parent,
international enquiries can be initiated to locate or arrest the subject.
SOCA International can issue an Interpol blue notice, red notice or diffusion. A
blue notice will flag up to all Interpol member countries that the UK wants to
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locate a subject. A red notice flags up to all Interpol member countries that the
UK is seeking the provisional arrest of a subject pending extradition. A diffusion
flags up to selected Interpol member countries that the UK is seeking the
provisional arrest of a subject pending extradition.
A request for arrest can be issued via European Arrest Warrant or full order
papers. The CPS will have to approve any request for arrest or provisional
arrest pending extradition.
SOCA International houses a UK Central Authority for the European Arrest
Warrant (EAW). Any EAWs will be drafted by the CPS and sent to SOCA to
be forwarded to the requesting country (or countries). Any arrest requests to
countries outside of Europe (full order papers requesting extradition) will be sent
via the Home Office.
Please be aware that pursuing criminal action against the abducting parent does
not address recovery of the child. To recover the child, appropriate civil action
through The Hague Convention process or via private civil action in the courts of
the foreign jurisdiction must be taken.
Therefore, where the abducting parent is to be arrested and extradited,
consideration needs to be given to what will happen to the child. Ideally, civil
proceedings should run in tandem with criminal action.
Safe and Well Checks
Where it is assessed the child is at risk, a request can be initiated for foreign
police to locate and carry out a safe and well check.
A safe and well check should not automatically be requested in all cases of
parental child abduction but should be considered carefully based on the
individual circumstances of each case; the potential risk to the child of not
conducting a safe and well check needs to be balanced against alerting the
abducting parent of police interest, which may cause them to move with the child
to an unknown location thereby making subsequent recovery more difficult.
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Other factors to consider when making a request for a safe and well check:

Requests are prioritised and approached differently in each country. Some
countries may not approach the matter in the same way as in the UK and
factors such as infrastructure, political situation and geography may mean
the request is not progressed within the timescales that would be applied
here.

UK court orders regarding the child are not directly enforceable in foreign
jurisdictions. Although some foreign authorities may choose to take UK
court orders into account when considering what action to take under local
legislation.

A child can only be taken into care where there are grounds to do so under
local legislation.
It may be possible to ask for discreet enquiries to be made. However, whether
this will be sufficient to satisfy the purpose of requesting the safe and well check
needs to be considered.
Contacting Us
Each ACPO Force has a dedicated International Liaison Officer (ILO) who is the
single point of contact for Interpol enquiries. However, for urgent enquiries
outside office hours or where the ILO is unavailable, the UK NCB can be
contacted by e-mail or telephone:Email – London@soca.x.gsi.gov.uk
Telephone (24/7) – 0207 238 8115
These contact details are for Law Enforcement use only. UK NCB cannot accept
enquiries from non law enforcement officers or members of the public.
Please provide as much information as possible including:

Full details of the abducted child and abducting parent.

Full circumstances of the abduction and details of any court orders that
may be in force.

Photographs of the child and the abducting parent to aid identification.
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Further information may be obtained from www.Interpol.int or www.soca.gov.uk
Tipstaff
There are currently two Tipstaves in England and Wales: one is an officer of the
Royal Borough of Kingston and the other an officer of the High Court of England
and Wales, appointed under section 27 of the Courts Act 1971.
Her Majesty’s Court Service (for the High Court of England and Wales):
Tel: 0207 7947 6000 extension 6200/6713
Switchboard Tel: 0845 456 8770
Website: http://www.hmcourts-service.gov.uk
Royal Borough of Kingston:
Tel: 020 8547 5757
Tel (emergency): 020 8547 5800
Website: http://www.kingston.gov.uk
Ministry of Justice (United Kingdom Central Authority)
International Child Abduction and Contact Unit (ICACU)
Office of the Official Solicitor & Public Trustee
4th Floor, 81 Chancery Lane
London WC2A 1DD
Tel: 020 7911 7047 / 7045
E-mail: enquiries@offsol.gsi.gov.uk
Website: www.officialsolicitor.gov.uk/os/icacu.htm
Foreign and Commonwealth Office (for non-Hague countries)
Child Abduction Section
Consular Directorate
Old Admiralty Building
London SW1A 2PA
Tel: 020 7008 0878
Out of Hours Tel: 020 7008 1500
Website: www.fco.gov.uk/childabduction
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This link contains useful information for dealing with international abduction
cases. Where there are no international agreements, parents need to contact the
Foreign and Commonwealth Office for advice on how to proceed.
United Kingdom Identity and Passport Service
Fraud & Intelligence Unit
Globe House
89 Eccleston Square
London
SW1V 1PN
Tel: 0300 222 0000 (07:00 – 23:00)
Website: www.passport.gov.uk
Central Authority for Scotland, EU and International Branch
St Andrews House
Regent Road
Edinburgh
EH1 3DG
Tel: 0131 244 4827
Fax: 0131 244 4848
Website www.scotland.gov.uk
Central Authority for Northern Ireland
Northern Ireland Court Service
Civil & Family Branch
Windsor House,
9-15 Bedford Street
Belfast
BT2 7LT
Tel: 02890 328 594
Fax: 02890 314 854
Website: www.nics.gov.uk
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Central Authority for the Isle of Man – Attorney General’s Chambers
3rd Floor
St Mary Court
Hill Street
Douglas
Isle of Man
IMI 1EU
Tel: 01624 685 452
Fax: 01624 629 162
Parents and Abducted Children Together (PACT)
PACT is an international organisation registered in both the UK and in the US. It
was founded in 1999. Its mission is to fight parental child abduction across
borders, and to help the police locate and retrieve missing children. PACT's
website: www.pact-online.org also gives a step-by-step action guide of what
parents should do if their child has been abducted or if they fear a possible
abduction.
Tel: +44 (0)7506 448116
E-mail: support@pact-online.org
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Section 8: Further resources
Section 8: Further resources
Other useful links to obtain further information on the area of international
parental child abduction are listed below. Some of these organisations can
provide support and advice for the parent left behind:
Prevention of child abduction
http://www.officialsolicitor.gov.uk/os/icacu_prevention.htm
Action to take when a child is abducted
http://www.officialsolicitor.gov.uk/os/icacu_action.htm
International Child Abduction and Contact Unit
http://www.officialsolicitor.gov.uk/os/icacu.htm
Child abduction checklist
http://www.officialsolicitor.gov.uk/os/icacu_checklist.htm
Child abduction law
http://www.officialsolicitor.gov.uk/os/icacu_law.htm
Missing Abroad
Missing Abroad are a charity who provide support and advice to those whose
family or friends are missing abroad. Missing Abroad is run by the Lucie
Blackman Trust. More information can be accessed at their website at:
www.missingabroad.org
The Lucie Blackman Trust
14 Belvedere Street, Ryde, Isle of Wight, PO33 2JW
Tel: 020 7047 5060
Missing People
The charity Missing People provide support for families left behind and missing
their loved ones. http://www.missingpeople.org.uk/
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Forever Searching
The charity Forever Searching also provides support for families and may be able
to put you in touch with other people in a similar situation to you.
http://www.foreversearching.com/index.php
The Hague Conference on Private International Law
Information on the Hague Convention on the Civil Aspects of International Child
Abduction can be found at
http://hcch.e-vision.nl/index_en.php?act=text.display&tid=21
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