International Child Abduction

United Kingdom

Disclaimer: The information in this circular relating to the legal requirements of specific foreign countries is provided for general information only. Questions involving interpretation of specific foreign laws should be addressed to foreign legal counsel.

The Hague Convention on the Civil Aspects of International Child Abduction came into force between the United States and the United Kingdom on July 1, 1988. Therefore, Hague Convention provisions for return would apply to children abducted or retained after July 1, 1988. Parents and legal guardians of children taken to the United Kingdom prior to July 1, 1988, may still submit applications for access to the child under the Hague Convention in some cases.

Please Note: Do not wait to get a custody order to begin the application process. Submit your completed, signed, application as soon as possible.

The United Kingdom has three Central Authorities: England and Wales, Northern Ireland, and Scotland. The documentary requirements are the same for all three, and are listed below. However, in access requests the procedures differ, please see pages two and three for this information.

1) The U.S. Central Authority application form. This form is located on pages 31 and 32 of the U.S. Central Authority's brochure, "International Parental Child Abduction." Please refer to pages 23 through 27 of the brochure for instructions on completing the application form.

2) All three Central Authorities in the United Kingdom will provide pro bono (no fee) legal assistance during Hague proceedings for return before the appropriate court in the United Kingdom. The individual representing you will do so only for the purposes of the Hague matter, not for custody or divorce proceedings. [You are welcome to negotiate separate arrangements with the same solicitor (attorney) for custody/divorce proceedings; however, fees/eligibility for legal aid will be your responsibility.] If you have already retained your own solicitor please be sure to identify the solicitor in Part II on the application form. Please see page two of this flyer for specific information regarding applications for access in the United Kingdom.

3) A copy of either the court order in effect when the child was taken to the United Kingdom or the state law which establishes the applicant's right to custody.

4) Photos of the child and the taking parent. These photos will not be returned to you.

Please remember:

-- Fill out the Hague application as completely as possible with the information you possess. The physical descriptions of the taking parent and the child (Part I and III) are especially important, and should be filled out completely regardless of the existence of accompanying photos. Also important is your explanation of what happened (Part IV on the application). In instances where the child has been gone for a few months or more, your statement - which can be done on a separate page from the application - should be as detailed as possible regarding any actions you may have taken to recover your child in the interim.

-- If you are concerned the taking parent will flee or hide the child when notified of the proceedings, it is very important that you note this and state the reason for this concern in section VIII of the application or on a separate page. It is helpful if this concern is repeated in a cover letter or note attached to the application.

-- In England and Wales and Scotland, an affidavit will need to be lodged with the petition when the court action is initiated. This means that you will need to work closely with your solicitor to ensure a prompt exchange of the proposed and final texts of the affidavit. The U.S. Central Authority can assist you with the transmission of the information at your request.

Access in the United Kingdom:

In the United Kingdom, Hague applications for access are processed differently in different jurisdictions.

-- England and Wales - the Central Authority is able to accept applications for access under the Convention; however, pro bono (no fee) legal representation is not automatic. Instead, the applicant parent in the United States will be required to pay for the services of his/her solicitor (attorney). However, if you believe you may qualify, you may apply for legal aid. If approved, you would again be eligible for pro bono legal assistance in the United Kingdom for your Hague access application.

-- Northern Ireland - Although the Central Authority does not process applications for access, it will assist applicants in finding an independent firm of solicitors to act on his/her behalf. Legal aid is not automatically available for access proceedings although an applicant may qualify under the normal means and merits test which apply (your solicitor will have more details.)

-- Scotland - the Central Authority is able to accept applications for the establishment of access to children who have been removed from the U.S. to Scotland, where there is no existing access order, or for the recognition of existing foreign access orders. However, it is unable to accept applications where the applicant already has a Scottish access order and/or has left his/her children behind in Scotland. In these instances you may seek enforcement of the order in the sheriff court and apply for legal aid or retain a solicitor.

Please note that the documentation listed above should be submitted to:

Please do not hesitate to contact the U.S. Central Authority with any questions.

Other Government Websites

• First Gov Service Locator
• U.S. Department of Justice
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