Parental abduction (UK)
Parental Child Abduction (within the UK)
What is Parental Child Abduction?
For the purpose of this section, abduction is where one parent leaves the family home without warning and takes the children with them to live at an unknown location.
What to do if I find the house empty?
It is a terrifying situation to come home and find the house is empty. Desertion is thankfully rare, but devastating when your partner has left with your children without warning. Firstly, don´t panic
Most importantly, consider the reasons why you believe your partner has left. Before taking any action you should review the circumstances that led up to their leaving and whether you also believe the relationship to be over:
It may be that your partner simply needed to get away due to unhappiness about some aspect of their life and they were struggling to cope.
If you have been guilty of domestic violence, they may have been advised to remove themselves and your children from an abusive situation into a place of safety.
Your relationship may have been in trouble for some time and they decided that the relationship was over but felt unable to tell you.
When someone leaves without warning, it is usually because they feel the need to take control of their lives.
I still love my partner, what do I do?
Again this depends entirely on the circumstances, and whether you believe that your partner is able to provide a suitable level of care for your children. If you have no concerns over your partner´s mental health, and if there are no "risk" issues to consider such as parental alcoholism, drug addiction or abusive behaviour, you have several options:
Wait for your partner to make contact.
Ask friends or family to intercede on your behalf (if they know where your partner is).
Contact a solicitor if you can afford one.
Set a time limit for how long you'll wait for your ex to contact you. If you cannot afford a solicitor, you can still apply to the court for a:
Seek and find order We've the guides to help you do this.
A Seek and Find Order is a court order made to locate a child´s whereabouts. These orders are also sometimes referred to as seek and locate orders. The order can be applied for under section 33 of the Family Law Act 1986. This act allows the court to order any person who it has reason to believe may have relevant information about the location of a child, to disclose that information to the court. The relevant part of the Family Law Act reads:
33. Power to order disclosure of child´s whereabouts.
Where in proceedings for or relating to a [Part I order] in respect of a child there is not available to the court adequate information as to where the child is, the court may order any person who it has reason to believe may have relevant information to disclose it to the court.
A person shall not be excused from complying with an order under subsection (1) above by reason that to do so may incriminate him or his spouse of an offence; but a statement or admission made in compliance with such an order shall not be admissible in evidence against either of them in proceedings for any offence other than perjury.
A court in Scotland before which proceedings are pending for the enforcement of an order [relating to parental responsibilities or parental rights in relation to] a child made outside the United Kingdom which is recognised in Scotland shall have the same powers as it would have under subsection (1) above if the order were its own.
When to apply for this order?
If you are seeking a contact order, residence or some other court order in respect of your children and do not know where they are.
Who might know where my children are?
The immediately obvious people are those who know the person who is caring for the children. This may include their family and friends or their employer. You should be prepared to suggest to the court who should be "named in the order" to provide information about their address. The parent (or other adults) who you believe the children to be with may well, and are likely to have given their new address details to public bodies (if not now, then in the near future). Examples include:
The Department for Work and Pensions (if they are in receipt of benefits or working).
The DVLA (if they hold a driving license).
The children´s school. If the children have been removed from school, their previous school should be contacted by the new school to get their records. The old school should therefore have a record of the new school´s name and address, and the new school should have a record of the children´s current address.
The children´s General Practitioner (GP). If the children´s GP has changed, their old GP should have been contacted by the new GP to get their medical records. The old GP may have a record of who these were sent to, to identify the new GP, and the new GP should have their address.
Also be prepared to be specific at to what "directions" you want the court to make. As an example, within the application form, if you know the bank account of the adult/parent with whom the child are with, as an example, you might ask that the court specifically directs that "NatWest Bank must divulge details of the address for Mr or Mrs X, date of birth XX/XX/XXXX whose account is held at Shrewsbury City Centre Branch. Similarly, you might ask that the court directs that their employer provides their new address details, or that the children´s school does etc."
What other information should I provide?
You will need to provide the children´s names, dates of birth, and sex.
Provide a recent photograph (if you have one) and a description of each child.
The court application form asks you to provide your solicitor´s name and address, but you only need provide this if using one (e.g. you can represent yourself in court).
Provide the name of the adult you believe the children to be with, and any information which may help trace them (e.g. their date of birth, a photograph and description, bank account number and the name of the bank they use, their driving licence number, their passport number, their mobile phone number etc).
If you have the other parent´s mobile number (and they have kept this, and are simply not returning your calls), you may ask that the court direct the police to use the parent´s mobile number to trace their whereabouts (which can be done with modern technology).
What form to apply to Court?
You would use Form C4. Within the C4 Form, you should list the names and contact details for any people who you believe may know of your child´s whereabouts. This might include your ex-partner´s family members, their employer, or even organisations such as GP surgeries, the Department for Work and Pensions, Social Services, The DVLA etc.
Which court should I apply to?
We recommend you make your application in the High Court (where officers of the court, called 'Tipstaff' can assist in carrying out the orders). The address of the High Court is:
Principal Registry, First Avenue House, 42-49 High Holborn, London, WC1V 6NP
Applying to court
If you are using a solicitor, they will handle the application for you. If you don't have a solicitor, download and complete the Form C4. Print and sign three copies of the form.
Check how much the court fees are (currently £215), and either take a cheque, postal order or cash for that amount when you go to court.
It will assist both you and the judge if you write a brief Position Statement (see our packages in our Shop, for templates and guides on writing a position statement). Try to keep the position statement to two to three pages, setting out briefly why you are applying for the seek and find order, what other orders you are applying for (e.g. contact or residence or parental responsibility etc).
A position statement is not essential, but it helps inform the judge, briefly and ideally succinctly, why you are applying for the order and can assist you in court so you do not forget any points you wish to raise.
Before setting off for the court building, ensure you have with you:
Three completed and signed copies of the forms;
The cash, cheque or postal order to pay the court fee;
Three copies of your Position Statement.
Hand in the court forms, fee and position statement to the court´s administration department.
In any relationship experiencing difficulties, communication is the best way to resolve the underlying problems. If you do manage to speak to your partner, or if family and friends will pass on a message on your behalf, show a willingness to listen to the reasons that led to your partner leaving home.
A willingness not only to consider your partner´s feelings but also look at and consider changing your own behaviour may help to save your relationship. Couple counselling will help with this, especially when communication has broken down. Importantly, your partner also needs to consider your feelings for the relationship to work, and couple counselling shouldn´t be a one-sided process. You can find a counselor experienced in couple counselling via the Counselling Directory.
What if the children are at risk?
If you think your children are at risk, you may find yourself facing mixed emotions. To involve Social Services may jeopardise your relationship with your partner and it may drive a permanent wedge between you (no one likes being told that people don´t think they are a safe parent). You have several options and your choice has to be based on your current situation and the reasons for your concern. If you´re not sure what to do, then take advice.
The options are:
Phone the National Society for the Prevention of Cruelty to Children. The NSPCC staff are trained Social Workers and will refer you to Social Services if they share your concern.
Contact your local Social Services Child Protection Unit.
Contact the police.
Contact a solicitor. If you don´t have Parental Responsibility, it is important to speak to a solicitor as soon as possible to make an application to the Court for this to be granted. Once Social Services become involved, it can become a public law matter (not private law), and being a biological parent doesn´t mean that your children will automatically come back to live with you if your partner doesn´t return to your house. Again, you can apply to the court yourself and apply for a:
Go to court and ask the judge to grant an order to seek and find and recover the children to your care. You may also apply for an Emergency Protection Order if you think the children are at risk of significant harm.
If you think there is any risk of the children being unlawfully removed abroad, contact the charity Reunite.
How can I help the authorities?
If Social Services, the Courts or the Police share your concerns, then provide as much information as you can to help trace them. Filling your time can help you to cope emotionally, especially when you´re doing something practical. Put together a pack of the following:
Your partner´s mobile phone number, as well as those of your children if they have them. The Police can very accurately trace the signal from a mobile phone.
A list of contact details for friends and family including telephone numbers and addresses.
If your ex-partner works, their employer´s address and contact details.
Recent photographs of your ex-partner and children.
Bank details for your ex-partner. The use of credit cards can be traced to specific stores and outlets to help locate someone.
If your ex-partner drives and has taken the car then write down the make, model, colour, and registration number of the vehicle.
Passport numbers. If you´re worried your children may have been taken abroad, refer to our information sheet on International Child Abduction. The charity Reunite also provide information to assist parents in preventing international child abduction, and can advise in the event that the children are unlawfully removed abroad.
Bear in mind that if your ex-partner claims Social Security they will need to give their current address to the Benefits Office. It is very difficult to "disappear" for long.
What will Social Services do?
If Social Services become involved, their priority won´t be to reunite you with your child, but to ensure that your child is safe. If your ex-partner has taken your child to stay with relatives, friends, or is in a refuge, then they may not even inform you of the location of your child. That said, informing Social Services of your concerns may get you some support and immediate action. Social Services have a duty to take action if they (not you) consider your child to be at risk, or likely to be at risk, of significant harm.
What will the police do?
If you contact the Police, be clear about what you want them to do. Are you contacting them just to check that your child is safe, or do you firmly believe your child needs to be taken into Police protection?
The Police have specialist officers called Child Protection Officers. The Police have the power to remove a child from their home, or elsewhere if there are concerns about the child´s welfare.
The Police can keep a child under Police protection for up to 72 hours. They must inform Social Services as soon as is practically possible and Social Services are responsible for organising accommodation for the child. The Police do not have to inform you of where your child is, however they do have to provide you with the name of the Social Worker handling the case. They also have a duty to tell parents that their child is under Police protection.
You may be able to agree with Social Services that you are best placed to care for your child during this period of time. Alternatively, Social Services may decide to go to Court to apply for an Emergency Protection Order, or to request that the Court make a Supervision or Care Order.
A Care Order allows Social Services to take the children named in the order into care for as long as the order remains in force. A Supervision Order places the child under the supervision of Social Services and the Social Worker should assist, advise and befriend them.
Guidelines for the Police were changed following Lord Laming´s inquiry into the death of Victoria Climbié. One important recommendation was that the children should be seen and their circumstances assessed prior to being taken into Police protection.
Can I handle matters myself?
We recommend you do not take the law into your own hands, however you can handle the matter lawfully by making a private application to the Court for an Emergency Protection Order and Recovery Order depending on the seriousness of your concern. We have a separate guide to Emergency Protection Orders. Again, an application for an Emergency Protection Order should only be made if you believe your children to be at risk of significant harm. If an Emergency Protection Order is made:
Social Services have a responsibility to carry out an investigation.
The Emergency Protection Order can include powers to compel anyone else who may know the whereabouts of the children to divulge this information. It also gives the police the power to enter and search premises using reasonable force,
When a Recovery Order is made, the Police are responsible for returning your children, and will carry out an investigation.
If the children are missing, and concern exists about their safety, the police will assist in locating them.
Be aware that an Emergency Protection Order only lasts for 8 days, and during that time both you and the other parent can make applications for other court orders, including residence. If you do not have parental responsibility, you should also apply for this as a matter of urgency to ensure you are included in decisions about your children if Social Services become involved.
Tips when approaching a solicitor?
If you approach a solicitor to help you, make sure they specialise in family law. Questions to ask should include:
How quickly can you appear before the Court?
What will it cost?
What will happen afterwards? You may then need to apply for a Residence Order, or find yourself as the Respondent if your partner is the one who applies to the Courts for residence of the children.
What are your chances of having the Emergency Protection and Recovery Orders made in your favour?
Are you eligible for legal aid?
What other Court Orders may assist me?
If you are using a solicitor, they should advise you as to courses of action you can take. If you do not qualify for legal aid, and you cannot afford a solicitor, you might also consider applying for one or more of the following court orders yourself:
A Child Arrangements Order to settle with whom the children should live and spend time with. See our guide to Child Arrangements Orders.
A Seek and Find Order, to ascertain the children´s and the other parent´s whereabouts, so they can be served with Court papers. Complete Form C4 and see our guide to Seek and Find Orders. You might also consider contacting a mediator, and asking them to invite your partner to a mediation session where an independent third party can assist both parents to reach agreement about arrangements for the children. You can find a local mediator by contacting the Family Mediation Helpline on 0845 60 26 627. You may decide to contact the other parent yourself, but we would advise doing this in writing. If you do write to them, make sure your letter is not accusatory, angry or aggressive (which will not help you or your children!).
A Parental Responsibility Order. If you do not have parental responsibility, we strongly recommend you apply for this, as without parental responsibility, you may not be consulted over decisions about your children´s lives, including their being taken abroad. Complete Form C1 and see our guide to Parental Responsibility Orders.
A Prohibited Steps Order. If you believe there is any risk that the other parent may remove your children abroad without consulting you, you should apply for a Prohibited Steps Order on an emergency basis (turn up at Court at 9am, with the completed paperwork, asking for the case to be heard that day) and without delay! Complete Form C100 and see our guide to Prohibited Steps Orders. In such circumstances, we would also recommend your asking for the children´s passports to be located and held by court tipstaff (officers of the court), and also that an "all ports warning" be issued (where all ports of exit from the country are notified to watch out for the children and prevent their leaving the UK). Complete Form C100 from our Court Forms page. The charity Reunite (telephone number 01162 556 234) specialises in advising parents whose children are at risk of being unlawfully taken abroad, or who have already been removed, as does the Government´s International Child Abduction and Contact Unit (their telephone number is 020 7911 7047/7045).