Parental Alienation
Parental Alienation is a real thing and is well recognised in the family courts as something that ha...
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Child abduction in context of family law refers to situations where one parent removes the child from their known residence and relocates them elsewhere without informing the other parent.
Child abduction cases are complex, involving law enforcement and social care agencies abroad. A Solicitor proficient in child abduction cases must also understand international treaties and foreign law and be able to work effectively with overseas lawyers.
RVS solicitors is a firm with an international focus in both family and immigration law. As such, we have particular expertise in all aspects of child abduction, from preventing potential child abductions, to representing the left-behind parent and getting the child returned, to defending parents accused of child abduction.
Our co-director and head of the family, Rakhi Singal, is well-recognized as an expert in children law. In cases of child abduction, she will work closely with foreign agencies, lawyers, and Courts to ensure the welfare of your child is paramount at all times. Our family law team will fight tenaciously to ensure your child is returned to their country of habitual residence. Also, we can put in place emergency injunctions to prevent a possible abduction happening in the first place. Conversely, in cases where you find yourself in situation where you had to remove your child from their residence to ensure their safety, we can help you put together your case to fight off the return of the children.
Director & Head of Family Law
Barrister
Trainee Solicitor
Paralegal
Parental child abduction is where one parent takes a child out of their country of habitual residence without the permission of other person with parental responsibility for that child or the Courts. It has to be stressed that having a residential order for the child, that is an order whereby the child habitually resides with you, does not mean you can relocate the child elsewhere in the UK or overseas without the consent and knowledge of the other parent. If you are the resident parent, you are allowed to take the child abroad for a period of up to one month, but anything longer than that, will require either an agreement from the other parent or a court order.
If you are in a situation where you require to change your residence, within the UK or relocate overseas, speak to our solicitors for the best advise on how to proceed. If an agreement with the other parent cannot be achieved, you mind need to apply for a Specific Issue order.
The Hague Convention on the Civil Aspects of International Child Abduction (The Hague Convention) is a multilateral treaty that provides a swift method to return a child internationally abducted by a parent from one-member country to another.
The Hague Convention applies to children under 16 years. Its primary objective is to restore the custody arrangements made before the wrongful removal of the child. It does not provide jurisdiction for the Court to decide on child arrangement issues. Instead, it provides that the Court order the child returned to their home country if it is proved they were removed illegally.
If your child is taken to a country within the EU (with the exception of Denmark), ‘Brussels II bis’, a European Union Regulation will apply.
The Hague Convention does not define ‘habitual residence’. It is not a technical term; it is simply the place where the child normally resides. The Court will look at the facts of the child’s life when deciding their habitual residence, such as where they go to school, where their doctor is based, whether they are involved in the community etc. It is important to remember that time is of absolute essence in child abduction cases, specifically because of ‘habitual residence’ concept. If the child had ‘habitual residence’ in a country, but they were removed from it without parental consent, however they spent significant amount of time in a different country, they can possibly be considered as having acquired ‘habitual residence’ in that second country, which will mean that an order for return will not be possible to obtain.
For this reason, any action in respect of a return of a child that has been removed from their residence should be done as a matter of urgency.
There are several defences available to the Hague Convention, including:
The child’s habitual residence can also be challenged.
Our multi-lingual Solicitors will work with top barristers to build a strong defence if you are accused of child abduction. The Court will be focused on the child’s welfare only. Therefore it is critical that you receive experienced advice to have a chance of persuading the Court the child should not be returned to their country of habitual residence.
If you suspect your child is at risk of being abducted, contact us immediately. We can apply for a Child Arrangement Order or Prohibited Steps Order to prevent your child from being removed unless certain conditions are met. A Prohibited Steps Order can also prevent your child from being issued with a passport. In serious situations, we can apply to make the child a Ward of the Court.
Also, the police can put out a Port Alert if you suspect your child is going to be taken overseas without your permission in the next 48 hours. This will alert all points of departure from the UK to look out for your child and prevent them from leaving the country.
Many countries, including China, Saudi Arabia, Indonesia, and Guyana are not subject to the Hague Convention and lack legal provisions which guard against international parental abduction. If your child has been taken to a non-Hague Convention country, our Solicitors will work with lawyers, authorities, and child welfare agencies in both the UK and the country the child has been taken to facilitate the child’s safe return.
We understand the emotional turmoil, fear, and stress surrounding child abduction. Rakhi and her team will ensure they are available to you and keep you fully informed at every stage of the process. We will hold your hand the entire way, ensuring your child is protected, and his or her welfare is paramount at all times.
To find out how we can advise and represent you on child abduction matters, please contact our London office on 020 3372 5125 or complete our online enquiry form to make an appointment.
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Excellent service for my wife’s spousal visa from Lusine: very detailed advice, friendly and approachable. Also flexible in contact by email and provided an excellent cover letter.
I highly recommend Dr. Lusine Navasardyan, as she is professional, intelligent, hard worker and cheerful, she helped us from the beginning of our case until the very end, when she prepared a strong bundle with over 385 pages, which helped us get a successful victory in our Asylum case . I strongly recommend her as I really appreciate all the professional work that she has done . Many thanks to her.
Dr. Lusine has been working on my case. She has been very professional and a reliable person. She was always attending to my queries and she has always been very friendly throughout my case.
I am very happy with the level and quality of service I got from Dr. Lusine Navasardyan. She is very professional while creating a friendly and comforting relationship with her clients. The service from Lusine was professional,efficient and well organised. Lusine worked extremely hard at resolving my all issues while getting the best result.
So Rakhi Singal of RVS has just handled my divorce, it was a very complex case and I came to Rakhi at the very last minute on a friend’s recommendation. My case was a mess and I stood to lose everything.
Dealing with Rakhi was more like having In-House counsel than hiring a law firm, she does not approach her clients as a cash machine like many law firms do, she works with you to manage and minimise your costs and de-escalate conflict rather than throw wood on the fire.
She took a huge personal interest in my case, she was always available on the phone, very quick to respond to emails and is very honest and trustworthy.
My ex had huge spending power and used a team of high profile solicitors against me, Rakhi literally saved me from complete ruin and helped me get a very fair deal with me spending 6 times less than my ex on legal fees.
Thank you, my new family and I will be forever grateful!!!!
Could not be more pleased with the results!
I approached RVS solicitors as they were highly recommended and now I completely understand why. Soon as I contacted Rakhi I knew I wanted to use her, she was so professional and easy to get along with. I was faced with clients who were refusing the pay invoices, Rakhi immediately reassured me that she was able to help me and recoup these costs. She dealt with the whole process very professionally.
Really impressed with Rakhi’s dedication to our case and her knowledge and experience on dealing with the case. She communicated with us throughout the process, providing me with regular updates. Thank you so much, I cannot vouch for her work enough and RAW Invites are happy for you to continue to act for all their matters in the future.
Our solicitors specialise in all matters concerning family law including child law and divorce. For more advice or a free assessment call 020 3372 5125 or complete our online enquiry form.
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