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PacisLexis Family Law
Child abduction lawyer
What is child abduction?
“L’enlevement parental” or child abduction in English is when a person takes a minor out of France without the consent of those with parental responsibility.
It can be a parent.
“l’enlevement parental” is not a legal word, only abduction is and is a criminal offence in France.
When child abduction is suspected, you must react quickly. Child abduction is a sensitive and complex matter that can cause stress and anxiety for everyone involved.
It’s important to note that in France, parental responsibility is shared. You do not need the other parent’s agreement to take a child abroad.
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Child abduction
What is called child abduction in France?
3 conditions must be met to be qualified as child abduction:
- Anyone with parental responsibility such as the mother, the father, guardian, who has the child living with them and has permission from the court.
- Child arrangements orders
- Taking the minor outside France or anywhere else without the appropriate consent (another parent, guardian …).
My child agreed to be taken, is it child abduction?
Yes!
Whether the child agreed or not, kidnapping a child is when the other parent or guardian took the child whereas they haven’t been given custody.
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What to do if you suspect a child has been kidnapped
Try to reach out the other parent
First try to reach out the other parent to calm down the situation.
Seize the family law judge
If communicating is impossible, an application can be made to the court for the return of a child and to prevent the removal of the child from France, change in parental responsibility and or custody.
A breach of this order would be contempt of court.
Changing custody arrangements following a threat of abduction is considered as a change in circumstances and the family law judge can change parental responsibility and issues a prohibited steps order.
Request a prohibited steps order
In France, to apply for a prohibited steps order you will need a R37013 form.
Can a prohibited steps order be issued by a family law judge?
Yes!
When a prohibited steps order is issued by a family law judge, it prevents parents from taking the child abroad without their agreement and sometimes without the family law judge agreement too.
The family law judge sets the time frame of the PSO; however, it may vary from case to case. Regardless of how long an order is put in place, it can end by the time the child reaches 18 years old.
Can a prohibited steps order be issued by a children’s court judge?
Yes!
When a prohibited steps order is requested by a parent to a children’s court judge, the child will be taken abroad only with the court’s agreement.
In that case, both parents’ agreement is still not enough and the PSO can last up to 2 years.
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Summary of what to do ICE
Reach out the other parent
Reach out the other parent to try to come to an agreement.
Seize the family law judge
If your child has been kidnapped by your ex-partner and has been taken abroad, you have to seize the family law judge. A PSO can be issued.
If your child has already been taken abroad you can check if your child is in a countru to which the 1980 Hague Convention on International Child Abduction applies. If you live in France, contact the FR Central Authority.
If you live abroad contact the central authority in the country where you live.
Seize the criminal judge
Start legal proceedings in the courts abroad or to seek for a lawyer from that country.
PacisLexis Family Law, international child abduction lawyer can help you.
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Criminal charges for child abduction
Criminal charges for kidnapping a child over 15 years old in France
Kidnapping is a criminal offence and can lead to 20-year imprisonment.
If the kidnapper releases the victim after 7 days, the penalty is five years of imprisonment and a fine of € 75,000.
Criminal charges for kidnapping and abusing a child over 15 years old in France
Abduction or kidnapping with abuse leading to a disability or physical injuries following the circumstances of the abduction leads to 30-year imprisonment.
Abduction or kidnapping with torture, cruelty or the victim’s death leads to a life sentence.
Criminal charges for kidnapping a child under 15 years old in France
It’s a life sentence is requested for a child under 15 years old.
Can parental responsibility be removed if abduction?
Yes!
If a parent takes a child from the other parent, the Court has the power to remove parental responsibility.
Child abduction in the UK
Child abduction in the UK is a serious criminal offense and is governed by various laws. The relevant legislation includes the Child Abduction Act 1984 and the Child Abduction and Custody Act 1985.
- Child Abduction Act 1984: This Act makes it an offense for a person to take or send a child under the age of 16 out of the United Kingdom without the appropriate consent. Consent may be required from a person with lawful control or custody of the child.
- Child Abduction and Custody Act 1985: This Act provides mechanisms for the UK to recognize and enforce the Hague Convention on the Civil Aspects of International Child Abduction. The Hague Convention aims to secure the prompt return of abducted children to their country of habitual residence.
These laws are in place to protect children and prevent their unauthorized removal from the country or interference with their custody rights. If someone is suspected of child abduction, legal action can be taken, and they may face criminal charges. It’s important to consult legal professionals for advice and assistance in such cases.
Where there is a risk of abduction, you can apply for a PSO from the courts to prevent the removal of the child. To apply for a PSO you will need a C100 form.
- First step is to report the incident to the police calling 999. If your child has been taken and you think the child is abroad, the police can contact Interpol. Provide as much information as possible including details about the child, the kidnapper or abductor and any relevant circumstances.
- Contact the National Crime Agency (NCA): The National Crime Agency in the UK has a dedicated unit, the Child Exploitation and Online Protection (CEOP) Centre, which handles cases of child abduction. You can report information online through the CEOP website (https://www.ceop.police.uk/ceop-report/) or contact them via the NCA’s general contact details.
- Contact Missing People Helpline: Missing People is a charity that provides support and assistance in cases of missing children and adults. You can contact their helpline at 116 000 or visit their website (https://www.missingpeople.org.uk/) for guidance.
- Seek Legal Advice: If you are a parent or guardian facing a child abduction situation, it’s advisable to seek legal advice promptly. Contact a family law lawyer for guidance on legal proceedings and potential steps to take.
Remember that swift action is crucial in cases of child abduction. Always involve law enforcement and other relevant authorities to ensure a coordinated and effective response.
Child abduction in the US
Child abduction in the United States is a serious crime and is addressed through various laws and regulations at both the federal and state levels. If you suspect or have information about a child abduction in the U.S., here are the steps you can take:
- Contact Local Law Enforcement: If you believe a child has been abducted, immediately contact your local police or sheriff’s department. Provide them with as much information as possible about the child, the suspected abductor, and any relevant circumstances.
- National Center for Missing & Exploited Children (NCMEC): Report the case to the NCMEC, which is a private, non-profit organisation that works in partnership with the U.S. Department of Justice. You can call their toll-free hotline at 1-800-THE-LOST (1-800-843-5678) or visit their website at https://www.missingkids.org/.
- AMBER Alert System: The AMBER Alert system is a program that broadcasts information about child abductions to the public, including details about the child, the suspect, and the suspect’s vehicle. If law enforcement believes that the child is in imminent danger of serious bodily harm or death, they may issue an AMBER Alert.
- Contact the Federal Bureau of Investigation (FBI): If the abduction involves crossing state lines, you can contact the FBI to report the incident. Find the nearest FBI field office and provide them with the necessary information.
- Legal Assistance: If you are a parent or guardian facing a child abduction situation, it’s essential to seek legal advice. Contact a family law lawyer for guidance on legal proceedings and actions you can take to recover the child.
Child abduction cases are treated with the utmost urgency, and various agencies and organisations work collaboratively to ensure a swift and effective response. Always involve local law enforcement and other relevant authorities to address the situation promptly.
To help
and to care
PacisLexis Family Law
You seek for a child abduction lawyer?
In case of child abduction, contacting a family law lawyer is crucial for immediate and informed action.
PacisLexis Family Law has the expertise to navigate complex legal processes, ensuring swift involvement of law enforcement and relevant authorities. We can guide you through filing necessary court orders, such as emergency custody orders, and liaise with international agencies if the abduction involves crossing borders.
We can also provide invaluable support in coordinating with organisations like the National Center for Missing & Exploited Children, maximizing the chances of a safe and prompt return of the child.
Overall, legal assistance is essential to safeguard the well-being and rights of both the child and the concerned family.
PacisLexis Family Law
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