Child abduction from the UK to countries of conflict has been a growing concern over the past years. This has become a greater concern following the political challenges in Syria, and the overthrow of the government. Many now view Syria as a free country, leading to celebrations across the world. Many who fled from Syria now see it as a perfect opportunity to return, which may be a worry for some parents who might not agree with their child being taken. This blog will take a closer look at the issue of child abduction from the UK to Syria, the laws in place to address this, and most importantly, the steps that can be taken to protect a child from abduction.
What is Child Abduction?
Child abduction takes place when a parent or guardian takes a child without the consent of the other, or against a Child Arrangements Order. Child Abduction can take place domestically, i.e. within the UK, or internationally to another country. In the case of international matters, child abduction can be significantly more distressing and matters can quickly become significantly more complicated. Child Abduction to Syria is particularly complex, given the ongoing conflict and political instability which creates inevitable and additional challenges in child abduction cases. This is because the matter not only involves the legal system in the UK, but also international conventions and foreign legal systems.
The Hague Convention
The Hague Convention is an international treaty signed by over 100 countries, which provides a framework for the prompt return of children who have been abducted, to their country of habitual residence. The UK is a signatory to the Hague Convention. As a consequence of that, a parent resident in the UK can apply in the UK for the return of their child to the UK. This applies as long as the child has been abducted to another signatory country.
Syria however is not a signatory to the Hague Convention. When a child is abducted from the UK to a non-Hague Convention country, such as Syria, the following steps can be taken:
The UK Foreign, Commonwealth and Development Office (FCDO) may engage with Syrian authorities and seek a diplomatic avenue for the return of the child.
The UK may attempt to leverage other international conventions or bilateral agreements. However, the success of this step is uncertain and can be a prolonged process.
In some cases, the FCDO may coordinate with international organisations, including the United Nations or non-governmental organisations, to locate and facilitate the child’s return.
Family Law in the UK
A parent who retains custody of a child has a legal right to prevent the child from being taken out of the country. If the parent is concerned that the child may be abducted, they can seek a Prohibited Steps Order from the Court, which prevents the child from being removed from the UK.
International travel restrictions may also be put in place, whereby a parent may prevent a child being removed from the country by requesting that the child’s passport is held by the Court or a separate independent third party.
If you suspect that your child may be at risk of abduction, it is imperative to take the necessary steps to protect them as soon as possible. At Brethertons we have an expert team of solicitors who specialise in international child abduction. Contact our family team at info@brethertons.co.uk for more detailed advice and support.
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