Almost every other day a child is abducted from England and Wales to a country where they are unprotected by international conventions to ensure their return home. Recently published statistics from the Foreign and Commonwealth Office (FCO) state that the last 12 months saw a 10% increase from the previous year of such cases, up from 146 to 161.

So what is happening? Why are the numbers going up and what does it mean? Firstly what is meant by the description 'child abduction'? Perhaps in contrast to people’s expectations there are very few child abductions by those who are strangers to a child. The overwhelming majority are by a family member usually a parent. Typically they take place on or after the relationship between parents has broken down. With increasing numbers of international couples more and more parents find themselves stranded after a break up in a country that has lost its charms as quickly as the person they have split up from. Cultural ties and identities and economic reasons can be a very big draw back to the country of origin.

Hague Convention

The Hague Convention was drawn up in 1980 to protect children from being removed unilaterally by one parent from the country where they were habitually resident, for instance, where their home was. The aim was to provide for the swift return of children except in exceptional circumstances. Most countries in Europe have now signed up to the Convention. Recent countries to join include Russia.

The Convention offers a tried and tested process for seeking the return of children. It does not always work but in many cases it does. If a child is returned to the country of habitual residence it is for the courts in that country to decide on the child’s future including which country they should live in.

For parents facing the daunting prospect of seeking the recovery of their child from a non-Hague Convention country the news is not encouraging. Countries such as India are enormous and just finding where a child has been taken can be an uphill struggle, particularly if family members are not prepared to cooperate in the search. Once a child is located it can be extremely difficult to harness the court process from such a long distance.

Legal rights for the parent trying to obtain 'custody' can be very limited. The FCO and Reunite, a charitable organisation, offer advice and support but will not 'rescue' a child. In some countries, especially those who have Sharia law, there will be an assumption that after a certain age children live with their father. Even when they are little they will be expected to live with their mother in the country not outside it.

'Danger countries'

The FCO statistics show that in 2010/11, for the non-Hague Convention countries, Pakistan was the most common destination of abducted children, followed by Thailand and India. The most common Hague Convention countries were Spain and Poland followed by the US and France. Many also go to Ireland and Scotland.

'Warning signs'

Breakdown in relationships can be triggers as can other dramatic life events such as losing work. If one parent suddenly applies for a new passport for a child or appears to be trying to locate birth certificate or other official documentation for a child this may be a clue. So can selling the house or putting belongings in storage or giving notice on a tenancy. Reducing the time a child sees the parent they do not live with can also be a cause for concern. However, abductions can come as a complete shock to the left behind parent. If a parent is not in regular touch with his or her child he may not even find out for some time that the child has left the country.

Action

For those parents who have any fear that their child may not be returned from a holiday abroad or may be taken abroad permanently without their knowledge or permission it will be critical to take legal advice as soon as possible. Protective measures may be possible even with a non-Hague Convention country. They may be able to come to an arrangement that their child’s passport is lodged with lawyers on arrival in the destination country. They may be able to get a court order confirming which country the child lives in or preventing them being taken abroad at all.

There will have to be some grounds to the suspicions but provided there is evidence the court should be helpful. If it is too late and a child has already been taken abroad without a parent’s permission a specialist lawyer should advise on the action to take. Speed will be of the essence. Any parent in this position should also be very careful as to what they say to the other parent of their child. They may well still be in email or telephone contact and it is vital not to do anything to undermine their case or suggest that there was or is an agreement to the child’s relocation. Parents may also be able to obtain financial assistance from the Legal Services Commission for their legal fees.

Immediate court action may be critical but constructive discussions may also be possible at the same time perhaps using mediation. The success of any case may depend on the country that a child is in.

It is important not to make assumptions about abductions. They are not just cases of parents not returning children after holidays. For Hague Convention cases the majority of the parents removing their children from the country where they live are mothers with whom the children live.

They may not know that they need the father’s consent to move the children or they may decide to take a risk. Following the breakdown of a relationship where they can be left without a home in a country where they do not speak the language they may want nothing more than to go home.

Finally, it is important to maintain some perspective. Thankfully child abduction still remains extremely rare. The fact that world travel is now so accessible for many and we have such a migratory workforce means that there are far more international families. This can bring additional problems on relationship breakdown but the majority of parents sort out arrangements for their children without the need to go near any court - let alone a foreign one.

Sarah Whitten is a partner specialising in family law at Charles Russell