I am worried my ex-partner will abduct my child and not return
Usually this is not something a parent really needs to worry about, but there are circumstances when this is a real risk. In the recent case of N’Djosse v Adeyeye, we saw that a 4 year old boy was abducted by his father who had dual British- Nigerian nationality. The young boy was born in France where his mother lived, and the French Courts awarded the father contact which progressively increased.
Mr Adeyeye took the young boy for his first overnight stay, but he had given the Court a false address. He then took the child to England and later to Nigeria. It is stated that the child is subject to a Court Order in Nigeria which gives the father’s relative guardianship of the child, and whilst the father returned to the UK, the child did not.
The mother, Ms N’Djosse made an application seeking the child’s return. Sadly, this is an ongoing case, and even though the father was sent to prison for being in contempt of court, he was mistakenly released, and neither the child not the father have returned.
This is an unusual case and of course not something that happens frequently, but naturally parents may worry about what they can do to prevent this.
There are several measures that can be considered to prevent child abduction by another parent and if you have serious concerns, always take legal advice.
| Option | Details |
| Seek a Prohibited Steps Order | If you are worried that this may be an issue soon, you can apply to the Court for a Prohibited Steps Order preventing the other parent from removing the child from the Country or jurisdiction. This could be done as part of the process of requesting a Child Arrangements Order which will dictate who the child lives with, this is often referred to as a ‘lives with order. |
| Call 101 or 999 and request a Port Alert | If the risk of abduction is imminent i.e. within 48 hours, you should call either 999 or 101 to request a port alert. This will flag the child’s details across all UK borders for 28 days. |
| Keep Passport safe | Always keep the child’s passport in a secure location |
| Contact HM Passport Office | You can contact HMPO on 0300 222 000 to raise an alert, and to prevent the other parents from securing a new passport without your permission. |
| Contact the Foreign Embassy | If the child has dual nationality, it is a good idea to contact the other parent’s embassy or consulate in the UK to request that they also do not issue a passport for your child. |
There are several organisations who can offer expert support and resources. These include:-
- Reunite International Child Abduction Centre – they can be contacted on 0116 255 6234 and offer an advice line and comprehensive “Child Abduction Prevention Packs” to guide you through the process.
- FCDO Child Abduction Section – they can be contacted on 0207 008 0878 and offer support with overseas contacts and legal information if you fear a child has been taken abroad
If you are considering the above, it is advisable to speak with a solicitor to discuss options and the best way forward.
“It is a scary thought to think that a parent may take a child away and you may not see them again. This is a thought I think many separated parents have, but there are ways that these concerns can be alleviated to prevent this so the parents can focus on co-parenting without the fear of ‘what if’.
The best protection against child abduction is prevention. This does not need to be something that is blown out of proportion and prevents the child from enjoying holidays abroad with both parents. If you are separated parents that want peace of mind, or even just a level playing field, consider a child arrangements order which sets out these things so there is no uncertainty. If there is an issue this should be discussed with the solicitor so appropriate advice can be given on next steps.”
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