International Abduction

When someone (including a parent) removes a child from their country of habitual residence without proper consents or Court approval it may be an abduction. It is important to act promptly. The Hague Convention on the International Aspects of the Abduction of Children may apply.

You will need our advice if:
a) you wish to take your child to live abroad;
b) your child has been taken abroad without your consent, or is about to be; or
c) if you are facing a claim that you have abducted a child.

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International Abduction

International Abduction - Scenario Analysis Example #1

Mrs D had been living in Australia. She was English. Mr D was Australian and they had a three year old daughter. They agreed that their marriage had ended. She moved out with their daughter into temporary accommodation. Mrs D said she would go back to England and her husband agreed and he sent her belongings. Three months after she arrived back in England with their daughter her husband claimed in a lawyer’s letter that he had never agreed to their daughter leaving and that Mrs D was guilty of abduction. They spoke of starting proceedings with the Family Court.

Our solution:
We took instructions and consulted a specialist barrister. We decided that the solution was to put up a strong counter-argument and “call his bluff”. Meanwhile we would explore a possible financial settlement which might confirm that her husband now accepted that their daughter should stay in England and preferably would settle all the issues by agreement.

What our clients are saying:

‘DR’, London

To thank Brookman solicitors would be an understatement of my gratitude towards the professional service they provided me in a complicated child related legal matter. 

At the time my son was in danger of being taken back to an overseas country not recognised by the EU or the Hague convention by his overseas born mother. 
 
In this very disturbing and complex case I felt re-assured through out by Brookman solicitors that I was in the very best legal hands possible. The professionalism shown by the entire practise of Brookman solicitors is difficult to quickly summarise, but in a desperate time of my life they gave me the energy and optimism that I desperately needed. 
 
The case lasted over one year but was finally won in the Royal Courts of Justice, London. Being a father and unmarried would have suggested the chances of winning the case being slim. However, because of the expertise and sheer excellence of Brookman Solicitors the case was won. I shall always be indebted to them. 
 
In fact I often wake up in the morning to see my son smiling and think to myself that matters could have been very different if I had not followed the advice of this outstanding legal team.