Child Abduction Solicitors in Reading

Finding out a child has been taken, or fearing they might be, is frightening, and speed genuinely matters. Our child abduction solicitors in Reading act quickly to protect children and parents, and our Head of Family & Matrimonial has personally taken a wrongful retention case through the Court of Appeal to a successful outcome.

If your child has been taken, or you are worried they may be, please call us straight away. Call us on 0118 951 6200 or get in touch via our online enquiry form. We can often advise the same day.

What is child abduction in family law?

In family law, child abduction means a child being taken out of the UK, or wrongfully kept in another country, without the consent of everyone with parental responsibility or a court order allowing it. It can also mean a child being wrongfully moved or kept within the UK, away from a parent with rights over them. In serious cases it is also a criminal offence under the Child Abduction Act 1984.

The word ‘abduction’ in this context does not require a stranger or force — the great majority of cases involve a parent, grandparent or other family member acting without the necessary consent, often in the mistaken belief that having some form of parental responsibility is enough on its own. It rarely is, and understanding this early can prevent a situation escalating.

Preventing abduction before it happens

Where there is a genuine risk that a child may be taken abroad without consent, several protective steps are available.

A prohibited steps order from the family court can specifically prevent a parent removing a child from the country. A port alert, arranged urgently with the police, flags the risk at UK ports and airports. Where appropriate, the court can also order that a passport be surrendered or that the Passport Office be notified not to issue one without consent. These measures work best when put in place before a child is taken, so acting on genuine concerns quickly is important.

If your child has already been taken abroad

Where a child has been wrongfully taken to, or retained in, a country that has signed the 1980 Hague Convention on the Civil Aspects of International Child Abduction, an application for their return can be made through the International Child Abduction and Contact Unit, the UK’s Central Authority, to the courts of the country where the child now is. Those courts will generally order the child’s return to their country of habitual residence, subject to limited defences, such as a grave risk of harm or, depending on age and maturity, the child’s own objections.

Where the country in question has not signed the Hague Convention, there is no automatic return mechanism, and the case has to be pursued through diplomatic channels, the local courts, or, where applicable, the 1996 Hague Convention on parental responsibility and the protection of children.

Our Head of Family & Matrimonial, Bethan Thomas, acted for the father in Re A (A Child) (Habitual Residence: 1996 Hague Child Protection Convention) [2023] EWCA Civ 659, successfully appealing to the Court of Appeal after a child was wrongfully retained in Zambia, a country outside the 1980 Convention. The case, reported as J v E (Habitual Residence) [2024] EWHC 196 (Fam), secured the child’s return to England and Wales after almost two years.

If a child has been abducted to or within the UK

The same urgency applies in reverse. Where a child has been wrongfully brought to, or is being kept within, the UK, we can apply to the family court for the child’s return or a location order, and, where necessary, involve the police to prevent the child being moved again while the case proceeds. Where the child has been brought from abroad, we can also help you make an application through the International Child Abduction and Contact Unit if the country the child was taken from is a fellow signatory to the Hague Convention.

Public funding for Hague Convention applications

Where an application is made to have a child returned to England and Wales under the 1980 Hague Convention, public funding for the left-behind parent is generally available regardless of income or the merits of the case, reflecting how seriously these cases are treated. If you are the parent a return is being sought against, you can also apply for public funding, though this is means and merits assessed in the usual way. We can advise you on funding as part of our first conversation.

How we work with you

Every abduction case is different, and the right response depends on whether a child has already been taken, how much warning you have, and which countries are involved. Whatever your situation, our priority is to act quickly and give you clear, honest advice about what is realistically achievable and how fast things can move.

Our approach focuses on:

1. Urgent initial advice – We aim to speak to you the same day where a child is at genuine risk, and explain your options clearly and quickly.
2. Emergency protective orders – Where risk is identified before removal, we apply for prohibited steps orders, port alerts or passport measures without delay.
3. Return proceedings – Where a child has already been taken, we bring or defend proceedings under the Hague Convention, the 1996 Convention, or the court’s inherent jurisdiction, whichever applies.
4. Ongoing support – We support you through what can be a lengthy process, and help put safeguards in place once your child is home.

Child abduction solicitors in Reading and beyond

We advise parents across Reading, Berkshire and the wider Thames Valley, and, given the international nature of this work, families based elsewhere in the UK or overseas with a genuine connection to England and Wales. Appointments are available in person, by telephone and by video, and we can move quickly where a case is urgent.

Why choose FSP for child abduction cases

Our family team is one of the largest in the Reading area, and has been top ranked in independent legal directories such as Chambers and Partners and The Legal 500 for many years. That depth means we can match the right lawyer to your matter and your budget.

• A top-ranked family team in the legal directories, equally at home with high-value, complex work and everyday family matters.
• Every family lawyer is a member of Resolution and follows its constructive, non-confrontational code of practice.

• Lexcel accredited for quality and client care, and regulated by the Solicitors Regulation Authority.
• Experience from over 20 years at the most senior level down to newly qualified, so you pay for the right level of expertise.

A full-service firm: your Wills, Tax and Trusts team, Residential Conveyancing team and Employment Law team are all under one roof for joined-up advice.

Act now if you are concerned

If your child has been taken, or you fear they may be, please contact us immediately. Call us on 0118 951 6200, or get in touch via our online enquiry form.