Return Orders After Child Abduction From The UK

If your child has been taken out of the UK by one parent without the other parent’s parental permission, then this may amount to parental child abduction.

This type of child abduction is on the increase because of the rise in families living in the UK with international connections.

In this article, child abduction solicitor Louise Halford looks at return orders after child abduction from the UK.

Call Evolve Family Law for specialist family law advice or complete our online enquiry form.

What is parental child abduction? 

Parental child abduction is when a parent takes or sends their child out of the UK without the consent of:

1. Every other person who has parental responsibility for the child, or
2. A court order from the family court.

Parental child abduction is complicated because some parents have sole parental responsibility, and some parents are legally allowed to take their children overseas without the agreement of the other parent because the parent has:

1. A child arrangement order that says the child lives with them, or
2. A holiday order that specifies that the parent can take the child abroad on holiday, or
3. A relocation order that states the parent can take the child to live overseas.

Parental child abduction can either be:

1. Taking a child overseas without parental agreement or a court order, or
2. Not returning a child to the UK at the end of an agreed overseas trip.

The former type of child abduction is called wrongful removal, and the latter is referred to as wrongful retention.

Child arrangement orders and taking a child overseas

If a parent has a child arrangement order that says their child lives with them, the law says that the parent is allowed to take their child out of England and Wales on holiday, provided that the overseas holiday is for no more than 28 days. With the appropriate child arrangement order, the other parent’s agreement to the holiday is not necessary, and a holiday order is not required.

If a parent with that type of child arrangement order wants to take their child overseas for longer than 28 days, they will need the consent of all those with parental responsibility for the child or a holiday or relocation order.

Holiday orders and taking a child overseas

A holiday order allows a parent to take a child overseas on holiday if the other parent or others with parental responsibility for the child won’t agree to the planned holiday.

A holiday order can either:

1. Relate to a specific one-off holiday or
2. Give a parent who does not have a child arrangement order that says the child lives with them, permission to take the child overseas on holiday for a specified period each year, so they don’t have to make annual holiday order applications.

Relocation orders and taking a child overseas

A relocation order allows a parent to take their child overseas to live. An order is only required if the other parent and anyone else with parental responsibility for the child objects to the planned overseas move.

You might also be interested in

What is a return order

A return order can be made by a family court ordering the return of a child to England, where a child has been subject to parental child abduction through either:

1. Wrongful removal – no parental agreement or court order.
2. Wrongful retention – staying outside the UK for longer than agreed to by the other parent or beyond the scope of the child arrangement order or holiday order.

What happens if a parent does not comply with a return order?

If a parent does not return their child to the UK, then the court can commit the parent to prison for breach of the return order.

In  AA (Mother) v XX (Father)[2025] EWHC 2165 (Fam), a mother asked the court to commit the child’s father to prison for breaching orders requiring him to return the child to England from Iran.

The family were from Iran and the mother took her daughter to Iran on holiday. A paternal relative abducted the child from the airport. The mother returned to the UK and started wardship proceedings to secure the return of her daughter to the UK. She alleged the child’s father had prior knowledge of the child’s abduction. The court made a series of court orders, including return orders, but these were not complied with. The mother, therefore, asked the court to commit the father to prison.

The judge sentenced the father to six months’ imprisonment and concluded that the:

‘’sentence is the only hope of compliance and of securing B’s return. The father has been given numerous opportunities to return B but has ignored them, and ignored any of the preparatory steps required. His attitude throughout is that he will only comply with orders on his own terms. Secondly, that a custodial sentence is required to show the court’s displeasure about what have been complete and deliberate breaches of court orders both in securing B’s return and taking the required steps to secure return and provide for indirect contact’’.

Child abduction legal advice

If you think your child is at risk of parental child abduction, it is best to talk to a specialist child abduction solicitor while your child is still in the UK. The family lawyer can advise you on the steps that can be taken to reduce the risk of child abduction. These include:

1. Applying to court for a child arrangement order that says your child should live with you.
2. Asking the court to make a prohibited steps order to stop your child from being taken overseas.
3. Applying to make your child a ward of the court.
4. Taking steps to prevent your child from being issued a passport or asking for a port alert.

If the other parent has applied for a holiday order or a relocation order, then you can object to their application. A specialist family solicitor can help you explain to the court why the holiday or relocation order is not in your child’s best interests.

If your child has already been taken overseas, then your remedies will depend on whether the country your child has been moved to is a member of the Hague Convention. An experienced child abduction lawyer can identify all your potential legal remedies and help you pursue them as quickly as possible to secure the safe return of your child to the UK.

Call Evolve Family Law for specialist family law advice or complete our online enquiry form.