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Gibson Kerr

Personal, Family Law & Property

Edinburgh 0131 202 7516
Glasgow 0141 404 0436

Make an enquiry

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  • Divorce & Separation
    • Divorce in Scotland
    • Separation Agreements
    • International Divorce
    • Cohabitation Rights Scotland
    • Dissolution of Civil Partnerships in Scotland
    • How Can I Resolve My Divorce Dispute?
    • Fixed Fee Family Law Promotion
  • Prenups & Cohabitation
    • Cohabitation Agreements
    • Civil Partnership Agreements
    • Prenuptial Agreements
    • Postnuptial Agreements
  • Child Law
    • Child Residence & Contact Scotland
    • International Relocation of Children
    • Adoption
    • Child Abduction
    • Dispute Resolution Options
    • Hague Convention
    • Education Law
  • Wills & Estate Planning
    • Intestacy
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    • Living Wills
    • Unmarried Couples’ Rights on Death
    • Claims on Inheritance by a “Common Law Spouse” (Cohabiting Partner)
    • Probate in Scotland
    • Power of Attorney
    • Guardianship Orders
    • Intervention Orders
    • Estate Planning
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    • Foreign Estates with Assets in Scotland
    • What Happens When Someone Dies in Scotland?
    • Fixed Fee for Wills and Power of Attorney
  • Financial & Tax
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  • Residential Property
    • Properties for Sale
    • Buying Property
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    • Boundary Disputes Solicitors

Child Abduction

Knowing Your Rights
child abduction lawyers

Before a parent can remove a child from the UK, they must obtain the written consent of the other parent (or the child’s legal guardian) or obtain the permission of the court. One of the most important reasons to seek legal advice before removing a child is you may be committing a criminal offence if you do so. Removing persons under the age of 16 from the UK can be regarded as child abduction and may see you prosecuted. This covers not only permanent relocation, but also temporary trips such as holidays and visits to family abroad.

International child abduction

If a child is removed to another country and/or retained there by one parent without the consent of the other parent (or any other party with custody rights) then this is regarded as international child abduction. The offence is committed when a child under the age of 16 is removed from the UK without consent and there is a court order in place regarding custody of that child. However, even if no such order exists, the parent or guardian remaining in the UK can raise a court action to have the child returned (or to seek rights of access to the child), under the Hague Convention on International Child Abduction to seek return of the child or secure access rights.

Child Abduction Law in Scotland

In Scots law, the child’s welfare is of paramount concern. The Children (Scotland) Act 1995 states that no person shall be entitled to remove a child habitually resident in Scotland from, or to retain any such child out with, the United Kingdom without the consent of both parents, or the consent of the person with parental responsibility for the child.

Child Abduction Solicitors

The abduction and relocation of children can be a complicated legal process. Our Edinburgh and Glasgow family lawyers will discuss all your options with you.

What our clients say

I have really appreciated all the advice and assistance that you have given to me over the last 3 months and am very pleased with the way that you have represented my interests. Above all I have valued the way in which you have been able to communicate so well and so efficiently by explaining each stage of this negotiation by e-mail. Thanks also to Debbie for administering the process so efficiently.

Mr M J, Edinburgh
Fiona Rasmusen

Fiona Rasmusen

Partner and Accredited Specialist: Head of Family Law

Do you need help? I specialise in family law, divorce, separation, child contact and residence, prenuptial agreements and separation agreements.

fiona.rasmusen@gibsonkerr.co.uk

Edinburgh 0131 202 7516

Glasgow 0141 404 0436

or request a callback

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Child Law

  • Education Law
  • Child Residence & Contact Scotland
  • International Relocation of Children
  • Adoption
  • Child Abduction
  • Dispute Resolution Options
  • Hague Convention
The Legal 500 – The Clients Guide to Law Firm

Family Law
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Edinburgh 0131 202 7516
Glasgow 0141 404 0436

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Edinburgh 0131 202 7516
Glasgow 0141 404 0436

Make an enquiry

We will call you back

Locations

Edinburgh

Family Law, Personal Law
&
Property Law

6 Randolph Crescent
Edinburgh
EH3 7TH

t: 0131 202 7516
f: 0131 557 5215

e: edinburgh@gibsonkerr.co.uk

Open: 8:30-17:00, Monday - Friday

Glasgow

Personal Law & Family Law

9 George Square
Glasgow
G2 1QQ

t: 0141 404 0436

e: glasgow@gibsonkerr.co.uk

Open: 8:30-17:00, Monday - Friday

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