International Parental Child Abduction United Kingdom

 


 

DISCLAIMER: The information in this flyer is provided for general information only, is not intended to be legal advice, and may change without notice. Questions involving interpretation of law should be addressed to an attorney licensed to practice in the relevant jurisdiction.

October 2012 

General Information:

The United Kingdom (UK) and the United States have been treaty partners under the 1980 Hague Convention on the Civil Aspects of International Child Abduction (Hague Abduction Convention) since July 1, 1988.

For information concerning travel to the UK, including information about the location of the U.S. Embassy, the Smart Traveler Enrollment Program, entry/exit requirements, safety and security, crime, medical facilities and health information, traffic safety, road conditions and aviation safety, please see country-specific information for the UK at:  http://travel.state.gov/travel/cis_pa_tw/cis/cis_1052.html

Back to Top

Hague Abduction Convention:

The U.S. Department of State serves as the U.S. Central Authority (USCA) for the Hague Abduction Convention.  In this capacity, the Department’s Bureau of Consular Affairs, Directorate for Overseas Citizens Services, Office of Children’s Issues facilitates the submission of applications under the Hague Abduction Convention for the return of, or access to, children located in countries that are U.S. treaty partners, including the UK.  Parents are strongly encouraged to contact the Department of State for assistance prior to initiating the Hague process directly with the foreign Central Authority.

Contact information:

United States Department of State
Bureau of Consular Affairs
Office of Children’s Issues
2201 C Street, N.W.
Washington, DC 20520
Telephone:  1-888-407-4747
Outside the United States or Canada: 1-202-501-4444
Fax:  202-736-9132
Website:  http://travel.state.gov/abduction/abduction_580.html


The UK has separate Hague Abduction Convention central authorities for England and Wales, Scotland, Northern Ireland, and the Isle of Man.  The Central Authority for England and Wales is the International Child Abduction and Contact Unit.  The Central Authority for Scotland is the European Union (EU) and International Law Branch.  The Central Authority for Northern Ireland is the Northern Ireland Courts and Tribunal Service, Central Business Unit.  The Central Authority for the Isle of Man is the Attorney General.  All four central authorities have an administrative role in processing Hague Abduction Convention applications.

The UK Central Authority can be reached at:

England and Wales:
The International Child Abduction and Contact Unit
Official Solicitor and Public Trustee
4th Floor
81 Chancery Lane
London WC2A 1DD
United Kingdom
Tel:  +44 (207) 911-7045 or +44 (207) 911-7047
Fax:  +44 (207) 911-7248
Email:  osenquiries@offsol.gsi.gov.uk
URL:  http://www.direct.gov.uk

Scotland:
Scottish Government
EU & International Law Branch
2W St. Andrew’s House
Edinburgh EH1 3DG
Scotland, UK
Tel:  +44 (131) 244-4827
Fax:  +44 (131) 244-4848

Northern Ireland:
Northern Ireland Courts & Tribunals Service
Central Business Unit
4th Floor
Laganside House
23-27 Oxford Street
Belfast BT1 3LA
Northern Ireland, UK
Tel:  +44 (28) 9072-8808 or +44 (28) 9072-8909
Fax:  +44 (28) 9072-8945
Email:  businessdevelopmentgroup@courts.ni.gsi.gov.uk
URL:  http://www.courtsni.gov.uk

Isle of Man:
Attorney General’s Chambers
3rd Floor, St. Mary’s Court
Hill Street
Douglas
Isle of Man IM1 1EU
British Isles
Email:  ChildAbduction@attgen.gov.im
URL:  http://www.gov.im/government/offices/attorney.xml

To initiate a Hague case for return of, or access to, a child in the UK, parents may submit a Hague application to the USCA or the relevant central authority in the UK.  The USCA is available to answer questions about the Hague application process, to forward a completed application to the relevant central authority in the UK, and to subsequently monitor its progress through the foreign administrative and legal processes. 

There are no fees for filing Hague applications with either the U.S. or the UK central authorities.  All four central authorities in the UK assign a solicitor (attorney) to represent parents or legal guardians making an application for return or access under the Hague Abduction Convention.  For applications for return, all four central authorities provide pro bono (no fee) legal assistance.  In access cases, applicants are responsible for legal fees if they do not qualify for legal aid.  Additional costs may include airplane tickets for court appearances and for the return of the child, if so ordered.

Back to Top

Return:

A parent or legal guardian may file an application under the Hague Abduction Convention for return to the United States of a child abducted to, or wrongfully retained in, the UK.  The U.S. Department of State can assist parents living in the United States to understand whether the Convention is an available civil remedy and can provide information on the process for submitting a Hague application.

Back to Top

Visitation/Access:

A person may file an application under the Hague Abduction Convention for access to a child living in the UK.  The criteria for acceptance of a Hague access application vary from country to country.  The U.S. Department of State can assist parents living in the United States to understand country-specific criteria and provide information on the process for submitting a Hague application

Retaining an Attorney:

Parents do not need to retain a private solicitor in the UK to submit a Hague Abduction Convention application for return or access.  All four of the central authorities in the UK will assign a solicitor to represent parents making these applications.  Parents may still retain a private solicitor to pursue their applications.  However, if that solicitor is not included on the relevant central authority’s list of contracting solicitors, the Central Authority will not open a case, and it may be difficult for the USCA to monitor the application.

The U.S. Embassy in London, UK, posts a list of attorneys in England and Wales, including those who specialize in family law, at:  http://london.usembassy.gov/cons_new/acs/living_in_the_uk.html.

The U.S. Consulate General in Edinburgh, Scotland, UK, posts a list of attorneys at: http://edinburgh.usconsulate.gov/service/lawyers.html

For information on attorneys in Northern Ireland, parents can contact the U.S. Consulate General in Belfast using the contact information listed on the Consulate’s website at:  http://belfast.usconsulate.gov/contact.html.

For information on attorneys on the Isle of Man, parents can contact the Attorney General’s Office by calling +44 (0) 1624 685452 or by consulting the lawyers list of Reunite International at:  http://www.reunite.org/lawyers.asp?location=international&section=Isle+of+Man&lawyers_international_submit=Find.

This list is provided as a courtesy service only and does not constitute an endorsement of any individual attorney. The Department of State assumes no responsibility or liability for the professional ability or reputation of, or the quality of services provided by, the persons or firms included in this list.  Professional credentials and areas of expertise are provided directly by the lawyers.

Back to Top

Mediation:

All four central authorities in the UK encourage mediation for all Hague Abduction Convention applications, and both parties are given the opportunity to come to a mutual agreement before the application goes to court.  In general, the parties’ solicitors are responsible for facilitating mediation.  The UK central authorities, except for the Isle of Man, do not play an active role in this process.

Back to Top

Embassy Contact Information: 

Mailing Address:
U.S. Embassy United Kingdom
24 Grosvenor Square
London, W1A 1AE
United Kingdom

Physical Address:
U.S. Embassy United Kingdom
24 Grosvenor Square
London, W1A 2LG
United Kingdom

Tel:  +44 (20) 7499-9000
Fax:  +44 (20) 7495-5012 (Special Consular Services)
Email:  londonpassports@state.gov (Passports and Citizenship)
 SCSLondon@state.gov (Special Consular Services)
URL:  http://www.london.usembassy.gov/

The Embassy of the United Kingdom is located in Washington, D.C. at:

British Embassy
3100 Massachusetts Ave., NW
Washington, DC 20008
Telephone:  (202) 588-7800
Fax:  (202) 588-7850
URL:  http://www.ukinusa.fco.gov.uk/en/