Preventing the removal of a child and reducing the risk of abduction
Child abduction can fall under both criminal law and civil law.
The Child Abduction Act 1984 S1(1)
‘makes it an offence for a parent to take his own child under the age of 16 out of the UK without the required consent. The required consent involves consent of every person that has parental responsibility over the child in question, or the permission granted by the court that allows the removal of the child from the UK.
The police have the power to arrest anyone they reasonably suspect of attempting of attempting to remove a child from the UK without the consent from the require persons as stated under S1 above.
The All Ports Warning System
This system is put in place for where there is a real possibility and imminent danger that the child in question may be removed from the UK without consent. The All Ports warning system is where the police circulates details of the child and the suspected abductor to all ports and airports, all the exit points of the country. The child’s details will be held on a ‘stop list’ for four weeks.
- The Civil court may prohibit the removal of any child from the UK either by making a Section 8 order under the Children’s Act 1989 inc, Prohibited steps order, emergency protection, care or residence orders.
The Civil court may also use the wardship of the court. This is basically where the court makes the child a ward of the court automatically prohibiting his removal from the UK.
If any of the above civil Law orders are made or a residence order is issued the courts can instruct the relevant person to surrender the child passport as a further preventative measure.
If there is already a previous civil court order made in relation to the child in question the Police will take the threat very seriously and there will be state intervention by any of the authorities that has had previous dealings with the child.
For more information on:
- Abduction Considered Likely
- What happens if there has been permission to take the child but there is fear of non- return to the UK?